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Home My WebLink About2007-09-20 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 20, 2007 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BLVD,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING, IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request for abatement for Palm Beach Polo Holdings Inc., Case #02-3248, for property located at 750 NE 7`h Avenue (#0235-17-0030) (Continued from March 15, 2007, May 17, 2007, and July 19, 2007) 3.2 Request for rehearing by Adolfo Berrios and Zoja Fahmy, % interest each, Case #05- 0613, for property located at 43 SE 10`I' Terrace (#1203-13-0360) (Previously heard on July 19, 2007) 3.3 Request for abatement for David Grant, Case #06-0002, for property located at 260 NW 14`h Court (#0233-14-0290) 3.4 Request for abatement for Ariel Edelsburg, Case 406-0848, for property located at 3333 Griffin Road (#0230-03-0300) 3.5 Request for abatement for Eliyahu Bohadanah, Case 406-1348, for property located at 150 NW 7t' Avenue (40234-01-0740) 3.6 Request for rehearing by Valerie Valella, Case 406-0173, for property located at 609 NW 8"' Street(#0234-25-0500) 4. ADJOURNMENT AGENDA REQUEST FORM -- >-- CITY OF DANIA �j JG'r - 5 20N Date: February 22, 2007 Agenda Item #: /7 / Title: Request for Abatement --+ Requested Action: Consideration of the Abatement Request for Palm Beach Polo Holdings Inc. — 02-3248 — 750 NE 7 Avenue Summary Explanation & Background: This was originally cited on 8/26102 for 1 violation and was given 30 days to comply. This was taken to the board on 2/03/03 for 1 violation and it was continued until the 3/03/03 meeting. At the 3/03/03 meeting, the case was again continued to the 6/02/03 meeting, At the 6/02/03 meeting, the case was continued to the 9/08/03 meeting. At the 9/03/03 meeting, a final order was issued giving the defendants 90 days to comply or a fine of $100.00 per day would be levied. The compliance date was 12/18/03. The defendant was granted an extension until 3/17/04 to comply. The property was not brought into compliance and the lien was confirmed on 7/06/04. This went back to the board on 2/07/05 for partial release of lien on the Fort Lauderdale property. On 5/09/05 they were granted a 30 day extension until 6/06/05. At the 6/06/05, authorization to foreclose was given. The property was brought into compliance on 1/29/07, The fine ran from 3/17104 through 1/29/07, 1048 days @ $100.00 per day = S104,900.00 including recording fee of $100.00. This was granted continuance to the 2/05/07 Special Magistrate hearing. At the 2/5/07 Special Magistrate hearing, the abatement of $26,200.00 was given. This was continued to the 5/17/07 abatement hearing and then now to the 7/19/07 hearing. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. . (3) Copy of minutes from the 2/03/03, 3/03/03, 6102/03, 9/08/03, 7/06/04, 2/07/05, 5/09/05, 6/06/05, Code Board meetings and the 2/05/07 Special Magistrate hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $26,200.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk • CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 02-3248 municipal corporation PLAINTIFF, FINAL ORDER vs PALM BEACH POLO HOLDINGS INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 8, 2003, after notice. • Upon the evidence presented, the Board makes the following findings of fact: a The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Palm Beach Polo Holdings Inc., did allow the following code violation to exist at property Defendant owns located at 750 N. E. 7 Avenue, Dania Beach, Florida, which property is legally described as PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 y LESS DANIA CANAL (# 0235 17 0030): 1 Florida Building Code 104 1 , Permits Required. Defendant did install or allowed to be installed, docks and piles, without a permit Failure to obtain permit for the installation of docks and piles FINAL ORDER #02-3248 PAGE 2 • Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1 . Defendant, Palm Beach Polo Holdings Inc.: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 90 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Palm Beach Polo Holdings Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 90 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will • not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this /9 day of U- , 2001 DANIA BEACH CODE ENFORCEMENT BOARD By Richard Bettor' Chairperson • Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-3248 PAGE 3 Notary Seal: • Sworn and subscribe) before this 20 —�=l— day of 2003. +� NOTARY PUBLIC STATE OF FLORIN Richard Bettor is personally known to me. cmnaJem�aa� My Commiss�,DD18726A ` EIPIMS May 10.2p07 • Return to, Patricia Varney, Finance Director • City of Dania Beach 100VV. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-3248 PAGE 4 • CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Palm Beach Polo Holdings Inc., this Iq day off 2003. CERTIFIED MAIL 7002 2030 0003 2168 5698 CODE NFORCEMENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, SPECIAL CITY ATTORNEY • Also sent first class mail • Return to. Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 02-3248 Municipal corporation PLAINTIFF, FINAL ORDER vs. PALM BEACH POLO HOLDINGS INC. DEFENDANT • SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Kenneth Koch, on the City's Motion to Confirm Fine held on the 61h day of July, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1 , That the Board did issue on the 19`h day of September, 2003, a Final Order in the above captioned case commanding the defendant, Palm Beach Polo Holdings Inc., to bring the violation specified in said Final Order into compliance on or before the 18th day of December, 2003, or pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. • SUPPLEMENTAL ORDER 402-3248 • 2. That the Board did issue on the 22nd day of January, 2004, a Supplemental Order granting the Defendant's request for extension of time for the imposition of the fine until March 17, 2004. 3 That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 & LESS DANIA CANAL (# 0235 17 0030). 4. That the Defendant, Palm Beach Polo Holdings Inc., did not comply with the Final Order on or before the date specified therein. 5. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified from March 17, 2004 until such time as the defendant, Palm Beach Polo Holdings Inc., shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board • whether defendant has complied. 6. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND�ORDERED at Dania Beach, Broward County, Florida, this a 7 Day of �X(A&4 2004. DANIA BEACH CODE ENFORCEMENT BOARD By� %��'�t. C Richard Bettor, Chairman Return to. Patricia Varney 2 • Finance Director Ciry of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER 402-3248 • Sworn to and subscribed before me this _-:27 day of 2004, By Richard Bettor, who is personally known to me. N ARY PUBtIC STATE OF FLORIDA ',,,•N Giona J Eimndn My Commission DD187280 y Expires May 10,2007 • Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. li Dania Beach, FI 33004 SUPPLEMENTAL ORDER #02-3248 • CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Palm Beach Polo Holdings Inc„ this i �7 day of & 2004. CERTIFIED MAIL # 7002 2030 0003 2169 6076 COD ENFORC ENT BOARD CLERK APPROVE TO FORfyt^ ND CORRECTNESS TIMOTHY,M. RYAN, SPECIA CITY ATTORNEY r Xc: Larry A. Zink, Esq., Zink, Zink, & Zink Co., L. P. A., 1198 Hillsboro Mile, Hillsboro Imperial West, Suite 244, Hillsboro Beach, FI 33062 Certified Mail 7002 2030 0003 2169 6144 Also sent regular mail Return to. Patricia Varney 4 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 ,a FLORIDA August 26, 2002 PALM BEACH POLO HOLDINGS INC Case Number : 02-00003298 11199 POLO CLUB RD WELLINGTON, FL 33414 Location : 750 NE 7 AVE Folio : 504235170030 Legal Description : PORT LAODANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 & LESS DANIA CANAL PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 Dear PALM BEACH POLO HOLDINGS INC : You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance secticn (s ) and corrective actions for your reference . You are required to correct the violation ( s) and call for a re-inspection by September 25, 2002 . Failure to comply will result in proceedings agains_ you by the Code Enforcement Board, as provided by law . If you require further information or have any questions about the attached violation (s ) , please do not hesitate to contact me . Sins rely,/ 0"/ KENNETH KOCH BUILDING OFFICIAL I certify that an original hereof was furnished to the • above named addressee by : Certified Mail # 7002 0860 0000 5814 1428 by BETH DAGNON . "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 w .ci.clania-beach.fl.us kSE NUMBER 02 -00003248 20PERTY ADDRESS 750 NE 7 AVE - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - VIOLATION : FBC 104 . 1 PERMITS REQ . QUANTITY : 1 Sr- TPTION : FBC 104 . 1 PERMITS REQ . , DOCKS DATE : 8/26/02 1110T ION : NARRATIVE Remedy : Contractor to obtain permit from City, request and receive approved inspections . ORDINANCE DESCRIPTION : Violation of FBC 104 . 1 , Permits Required . Problem Description : Docks and piles installed without permit . • • vN. VIOLATION OF: 2� Pry n rTs /2tzrur/10 PROBLEM DESCRIPTION: Oo(KS PILES r vsTA« t-'O �4 Pr¢r il' REMEDY: 'oN �2/rtrTw TT- 061-1y Pter, iTF2 n4 �--sT 4pig 2FCF-1 t ,A4 &Lu w TNrrF('T-7 �s NUMBER OF DAYS TO CORRECT: ? D VIOLATION OF: • PROBLEM DESCRIPTION: REMEDY: YOU WCvr f -rD Cy1Q ✓1 Whin-P� wry,, " NUMBER OF DAYS TO CORRECT: coo < l�fff) lYliS ? � OG �l 22. #02-3248 Palm Beach Polo Holding Inc. 750 NE 7 Ave Dania Beach, FL William Dubisky having been previously sworn in, came forward and asked for a continuance in the absence of Kenneth Koch, Building Official on case #02-3248. It was on the motion of Judy Jensen, seconded by Jimmy Peterman to continue case #02-3248 for 30 days. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor - yes 23. #02-3254 George Roebuck 41 NW 5 Ave Dania Beach, FL Eric Baker having been previously sworn in, came forward and stated that notice was sent Certified Mail and service was obtained; notice was also sent via first class mail and the property was posted, the affidavit is on file. This is a violation • of Chapter 13, Section 13-23, public nuisance, commercial vehicles not permitted, Chapter 13, Section 13-23, public nuisance, trash and junk on the property, Chapter 14, Section 14-2, abandoned vehicles, Chapter 8, Article II, Section 8-21 (4)(F), fence violation. As of today, Mr. Baker, said the property is still in violation of Chapter 13, commercial vehicles still on the property, Chapter 13, trash and junk on the property, Chapter 14, unlicensed vehicles has complied and Chapter 8, fence violation has complied. First contact was made on August 8, 2002. Chairman Bettor asked if anyone was present representing George Roebuck, no response was given. It was on motion of Gary Luedtke, seconded by Tim McLeod move to adopt a finding of fact on Chapter 14, and Chapter 8 violations and for the Chapter 13 violations that the defendant be given 30 days or a fine of $50.00 thereafter. Chairman Bettor entered one photo into evidence on this case. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes • Richard Bettor - yes February 3,2003 Dania Beach Code Board Minutes 1 g ni investing in order to protect the property. David Nuby asked if the owners were trying to be rid of the property. Mr. Eutsey said that they were trying to sell the property or demolish the house. Mr. Johnson said that the property, is in compliance by the city. There is $29,750,00 that needs to be paid or the city will foreclose. In addition, there are other monies owed of$1,048.88 for the city clean up; $119.66 for special assessment for paving; and 5389.86 for outstanding utilities and meter pulled. This brings the total owed to $31,306.40. Attorney Pinsky stated that foreclosure being authorized does not mean that the property will be immediately foreclosed. Mr. Eutsey could request an abatement, which is a reduction of fine that would allow him to pay off the fine and get out of the foreclosure. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 9) 43248 Palm Beach Polo Holdings Inc 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and gave the following testimony. Service was obtained by posting the property, Affidavit of Service is on file, via first class mail, and Certified Mail with return receipt. Mr. Johnson turned the case over to Building Official Kenneth Koch. Mr. Koch, having been previously sworn in, came forward and gave the following testimony. The case was previously cited for work done, but cited in error. Original violation notice was mailed 8/06/02, but Mr. Koch had started the case in 6/02. There were docks and piles that had been installed on the property without obtaining a permit. There is one question whether certain docks and piles that are in Dania's cut off canal should be there. That will be determined when the application for permit comes in. As of this date, there is no response or application for permit. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie FL, who stated he works for Palm Beach Polo Holdings and Broward Yachts, came forward and was sworn in. Mr. McLaughlin said there were replacement of docks that was built long before ownership of the property. Mr. McLaughlin had to prove this knowledge to DEP, army core. engineers, and 15 government agencies thru aerial photographs. The docks were replaced because they were in a bad state. There were five of six pilings that were put into the Dania cut off canal for a new dock. Upon realization that the dock would be in violation, the dock was not built but pilings still remained. Mr. McLaughlin said he came to the city to request the permit, but was told to get other government permits first. Mr. McLaughlin sent letter to the city stating the need for an extension of 45 or 60 days. Mr. McLaughlin is waiting on South Florida Water Management for the Last permit. He needs extension as stated in the letter. Mr. Koch came back to podium to address the issue of government agencies being a nightmare. Mr. Koch stated that 90 days is needed for defendant to get done with government agencies • Dania Beach Code Board Summary Minutes 7 March 3,2003 then move thru with the city. 'him McLeod made a motion to continue the case for 90 days which was seconded by Beulah Lair, Chairman Bettor asked for a roll call. The motion carried on the following roll call: David Nrubv-ves Tim McLeod-ces Jimmv Peterman-ves Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 10) #3046 Robert Cannarozzi 4025 Ravenswood Road Ft. Lauderdale, FL Code Inspector Gary Phaneuf came forward, was sworn in, and submitted eight photos to the board. Mr. Phaneuf gave the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, posting on property, and Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2, Public Nuisance, inoperable and unlicensed vehicle storage; Chapter 13, Section 13 26, excessive accumulation of weed, trees and plant life; Chapter 8, Article 11, Property Standards, Section 8-21(4)(f), chain link fence is in need of repair; Chapter 8, Article 1I. Property Standards, Section 8-21(a)(�)(a). (1) and (2), building is in need of paint and repair. As of today, the property is still in violation of Chapter 14, Section 14-2. Public Nuisance, storage of inoperable and unlicensed vehicles; Chapter 8, Article II, Property Standards. Section 8 21(4)(11. fence is in need of repair. The first contact of the violation was 8/14/02. Chairman Bettor asked if there was anyone present representing Robert Cannarozzi. Robert Cannarozzi, 7628 Harbor Boulevard, Miramar FL, came forward and was sworn in. Chairman Bettor asked Mr. Cannarozzi to identify the pictures. Mr. Cannarozzi identified the pictures of the property. Mr. Cannarozzi stated that he had been working on the property, but he needs an extension of time. Chairman Bettor asked Mr. Phaneuf if Mr. Cannarozzi made a good effort to clean the property. Mr. Phaneuf answered that upon meeting Mr. Cannarozzi, he had complied with cutting weeds. Beulah Lair made a motion, seconded by Tim McLeod, to adopt the findings of Officer Phaneuf, that the violator be given 60 days or a fine of$100.00 per day. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 11) #3253 Tania Rodriguez 1/3 Int L Sosa and E Gonzalez 43 SW 11 Street Dania Beach, FL Code Inspector William Dubisky, having been previously swom in, came forward and had the following testimony. Notice was sent Certified Mail, service was obtained; also sent via first class mail, property was posted, and Affidavit of Dania Beach Code Board Summan Minutes 8 March 3,2003 Methodist Church. Alfonso Higgs, 128 SW 22 Terrace, Ft. Lauderdale, 33312 came forward and was sworn in. Chairman Bettor asked Mr. Higgs how was he representing the church. Mr. Higgs answered that he was the pastor. Mr. Higgs started to explain when he had received notice of the violation, but Attorney Ryan interjected to ask if he was in compliance, then his case could be heard now as an abatement. Mr. Baker stated yes that the church was in compliance. Tim McLeod made a motion to hear the case as an abatement. The motion was seconded by Gary Luedtke and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes R chard Bettor-yes Mr. Higgs said that he brought the violation notice to the church's attention. The church had been painted, but the re-inspection was not called into the city. Mr. Baker said that there are two churches with the same address. Upon receipt of the first violation notice, the church that was not cited was painted; however, they realized the mistake and painted the church that was cited. It was on the motion of Jimmy Peterman to abate the fine to $500.00 because of the mistake of painting the wrong church. The motion was seconded by Judy Jensen and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-no Richard Bettor-yes • Attorney Ryan told Mr. Higgs that he will be notified by the city commission. Mr. Higgs provided the correct mailing address to the board clerk. 14) 43248 Palm Beach Polo Holdings Inc. 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, received return receipt, also sent via first class mail, property was posted, and Affidavit of Service is on file. Mr. Johnson stated that the Building Official Ken Koch would testify on the case. Mr. Koch, having been previously sworn in, came forward. The violation was for piles that were put in the cut off canal without a permit. The defendants were trying to get their permit through DPEP, who is part of South Florida Water Management. They will need a continuous extension of time because DPEP is regulating the permit approval. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie, FL came forward and was sworn in. Mr. McLaughlin said there are two situations to the violation: one was some replacement piles for docks, and the second was for several pilings put into the • Dania Beach Code Board Summary Minutes 10 June 2,2003 canal. No docks have been built on the installed pilings which are about three to four feet off the seawall. The defendants are currently awaiting the final approval from South Florida Water Management who is still processing the paperwork for the approval. Mr. Me Laughlin asked for a 90 day extension. Judy Jensen made a motion to continue the case for 90 days. The motion was seconded by Jimmy Peterman and the motion carried on the following roll call: David Nuby-ves Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 15) # 3744 Salvatore and Ann Marie Russo 2400 Block of SW 31 Street Ft. Lauderdale, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and presented two photos. Service was obtained by Certified Mail. received return receipt, property was posted, Affidavit of Service is on file; also sent via first class mail. This is a violation of Chapter 28, Zoning, Article 27, IROA4 (Industrial Research Office Marine) District, Section 27.10(b), Prohibited Uses, the storage or parking of automobiles, trucks, and tractor trailer is prohibited in an IROM zoned district. The defendant was first notified of the violation on l l/20'02. Mr. Johnson said that after speaking to Douglas Wyckoff. attorney, he agreed with Mr. Wyckoff s recommendation that they be given a 90 day extension because a lot of the violations have been moved off the property. Attorney Ryan asked Mr. Douglas Wyckoff if he would come forward and agree that there was a finding of fact that a violation exists, that the violator be given 90 days to remove the vehicles, and if not corrected within the 90 days there will be a $100.00 per day fine. Mr. Wyckoff came forward and said yes. Judy Jensen made a motion based on Attorney Ryan's statement. The motion was seconded by Gary Luedtke and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 16) Authorization to Foreclose — CEB01-0152 — Brian R. Mathiasen — 4761 SW 26 Terrace Attorney Ryan asked for the board to move on the foreclosure property that is not homesteaded but has current violations. It was on the motion of Gary Luedtke, seconded by Jimmy Peterman, to move the authorization to foreclose. The motion carried on the following roll call: • Dania Beach Code Board Summan'Minutes I I June 2. 2003 Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 10) 402-3248 Palm Beach Polo Holdings Inc. 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by posting the property, Affidavit of Service is on file; also sent via first class mail, sent Certified Mail but did not receive the return receipt. The defendants were first notified on 1/08/03. Mr. Johnson said that Building Official Kenneth Koch will testify further in regards to the violation. Mr. Koch, having been previously sworn in, came forward and said that the violation notice was sent 8/22,102 for docks being replaced and piles being installed. The piles were installed in the Dania cut off canal. The defendant had to go through several agencies for approval in keeping the dock. They still have to go through to the Department of Planning & Environmental Protection (DPEP) in order to get approval. The approval on the piles has to go through South Florida Water District and Army Corp. The defendant has not received approval from Army Corp., and the piles have been removed from the canal. The docks still need permit. They still need DPEP before the city would grant the permit. Mr. Koch has been in communication with the defendant who had been trying diligently to resolve the violation. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings Inc. Robert Dean, 13502 SW 102 Lane, Miami, FL, came forward and was sworn in. Chairman Bettor asked Mr. Dean how was he representing Palm Beach Polo Holdings Inc. Mr. Dean replied that he is the general manager of Broward Yachts who is part of the company. Chairman Bettor asked Mr. Dean how far was the project. Mr. Dean provided some history in regards to the existing docks and piles, and how the company had tried to renovate the docks and piles. Mr. Dean said he had someone remove the piles. He has now redesigned the layout of the docks to their original form. Of the six original docks, five are rebuilt, but no permit was pulled; however, they are resolving the permit situation. He has been in contact with army engineer who has promised to have their recommendation some time soon. Once he receives the recommendation from army engineer, he will take that back to DPEP. South Florida Water District has signed off their approval. Mr. Dean says he estimates about 90 to 120 days before he could present the City of Dania Beach with a permit approval. Tim McLeod made a motion to accept the building official statement that the violations do exist and time is needed to clear up the red tape approvals, and grant the respondent 90 days or a fine of $100.00 per day. The motion was seconded by Beulah Lair and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes • Dania Beach Code Board Summary Minutes 9 September 8,2003 Beulah Lair told Mr. Dean if he should need more time then he should request the time from the board. 11) #03-4832 Ravenswood Warehouse Investors 5935 Ravenswood Road, E-11 & E-14 Ft. Lauderdale, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, have the return receipt in file, posting of the property, Affidavit of Service is on file; also sent via first class mail. They were first cited 6/19/03. Mr. Johnson said that Fire Marshal Ed Tarmey would present the case. Fire Marshal Ed Tarmey, came forward and was sworn in, and gave the following testimony. This is a violation at a cabinet shop. The property was originally inspected 6/19/03. The business was Florida Custom Cabinets who had converted a dry wall office into a spray booth. The lacquer and combustible liquids placed them in violation of NFPA 33, Chapter 7, Section 7-1, fire protection, an automatic fire protection system is required in spray booths; FFPC Chapter 17, Section 17-3.5.2 for ventilation, the spray booth was not properly ventilated. The defendant was required to submit plans, submit permit, and receive inspections for both violations. The spray booth was in violation of FFPC Chapter 17, Section 17- 3.3.1.3, the spray room was not properly constructed. It should have had non combustible materials, non absorbent, cleanable surfaces, and have proper exits. • Upon re-inspection, the property was still in violation. Chairman Bettor asked if there was anyone representing Ravenswood Warehouse Investors. Allen Kurtzman, 502 N. Highland Drive, Hollywood, FL, came forward and was sworn in. Mr. Kurtzman said he is the property manager of Ravenswood Warehouse. Upon receiving notice of the violations, Ravenswood Warehouse attorneys sent a letter to the tenant advising him that he was in violation of his lease; his lease would be terminated. On 8/28/03, there was a second letter sent to the tenant advising him that his lease was expiring 9/30/03. Mr. Kurtzman said that the tenant will speak in regards to the operations. Carlos Rubio, 2730 Lincoln Street, Hollywood, FL, came forward and was sworn in. Beulah Lair asked Mr. Rubio if he is still operating the business. Mr. Rubio said yes, and he is complying with the violations. Mr. Rubio said he does have the spray booth without a permit. He had hired a company to install the booth. Tim McLeod asked Mr. Rubio if his landlord will renew the lease once Mr. Rubio complied with the code. Mr. Rubio said he has proof that they will renew the lease. Mr. Kurtzman said yes they will potentially continue the lease. Tim McLeod asked Mr. Rubio what is preventing him from obtaining a permit. Mr. Rubio said he has hired a company who will be doing the job. Attorney Ryan said that if Mr. Rubio does not comply on 9/30/03, the landlord will terminate the lease. Mr. Tarmey submitted 5 photos. Chairman Bettor asked the respondent to identify the photos; Mr. Rubio identified the photos. Gary Leudtke made a motion that notice was properly served, to adopt the findings of fact by Ed Tarmey, that the offender be given 30 days to obtain the i Dania Beach Code Board Summary Minutes 10 September 8, 2003 representing Elisabeta Patriche. Elisabeta Patriche, 200 SE 4's Terrace was sworn in. Dana lonescu daughter of Patriche, 200 SE 4th Terrace was sworn in. Chairman Bettor asked Ms. Patriche and Ms. Ionescu to identify the pictures of their property. Ms. Patriche and Ms. lonescu gave testimony. Ms. Patriche identified the pictures of their property. Jimmy Peterman motioned to confirm the fine with compliance date as of today, the motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 7) Motion to Confirm Fine- 402-3248 — Palm Beach Polo Holding Inc. — 750 NE m 7 Avenue Building Official Kenneth Koch came forward was sworn in and gave the following testimony on the past history of the case and stated this is a motion to confirm fine. Mr. Koch stated, as of this date, they still are not in compliance. Chairman Bettor asked it there was anyone representing Palm Beach Polo Holdings. Larry Zink, attorney for Palm Beach Holdings, 1198 Hillsboro Mile Suite 224, Hillsboro Beach, FL 33062, came forward and gave testimony on the steps that were taken to try to comply. Attorney Ryan told Attorney Zink that they have to resolve this legal action to compel the agencies involved to act and that we can not continue to let the case be continued. Glen Straub, President, came forward and was sworn in and gave testimony that they have taken care of • the situation with the Corp of Engineers and that they are now dealing with the county attorney. Attorney Zink then requested 60 additional days from the board. Tim McLeod made a motion to confirm the fine, the motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 8) Motion to Confirm Fine- 403-4286- William A. Galdorise & Michael J. Galdorise- 4911 SW 29`n Way Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. He stated this is a motion to confirm fine and the property is still not in compliance as of this date; a building permit has not been issued. Building Official Kenneth Koch, having been previously sworn in, came forward and gave testimony that a permit application was applied for and rejected on June 18, 2002 and the owner removed the application from the department and never returned with the application and there has been no further contact. Mr. Koch stated that he took a look at it back on February 23 of this year and to date has not received a new application or issued permits for the work that was done. Chairman Bettor Dania Beach Code Board Summary Minutes 3 July 6,2004 years Mr. Belle decided to pay all the arrears on the mortgage, got a quit claim deed and brought the property into compliance. Attorney Dubow presented more pictures that show how the property looks today. He said that Mr. Belle became owner of the property six months prior to the compliance date and in those six months he turned the property around from the way it was to the way it is now. Mr. Dubow asked that the City, levy a fine for their costs and ....this particular home owner for his initiative to bring this property into respectability. Judy Jensen made a motion to abate the fine to the City's cost of $1500 based on the fact that it's a good thing for the City to see the neighbors improve their properties and the properties around them. Jimmy Peterman seconded the motion and it carried on the following roll call: Judy Jensen- yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes 6. Request for Partial Release - 02-3248 - Palm Beach Polo Holdings Inc. - 750 NE 7t" Avenue Chris Ryan, attorney for the board stated that this was a violation for the installation of docks and piles without a permit. The property is still in violation and still running a fine of $100.00 per day. The city received a letter from the representatives of East Yard Partners, LLC who have purchased property in Fort Lauderdale previously owned by Palm Beach Polo Holdings Inc. and they are requesting a release of lien as to that property only. Mr. Ryan said that since a code enforcement lien becomes a lien on all real property that a person owns in the county, the recording of this Dania Beach lien affected the sale the property in Fort Lauderdale. The applicant is requesting that the lien be released only as to the Fort Lauderdale property and the city would still have the lien against the Dania Beach property until that property comes into compliance. The fine would continue to run. This allows him to go ahead and get the proceeds of the sale from of the second property and use that to bring this property into compliance and this works well for the owner and doesn't adversely impact the city. Jimmy Peterman made a motion to release the lien on the property in Fort Lauderdale, Folio # 0421600090 located at 1601 SW 201h Street. Judy Jensen seconded the motion and it carried on the following roll call: Judy Jensen - yes Jimmy Peterman- yes Richard Bettor—yes Terrell McCombs-yes David Nuby arrived. 7. Authorization to Foreclose - 02-3248 - Palm Beach Polo Holdings Inc. - 750 NE 7`h Avenue Attorney Chris Ryan stated that this is an authorization for the City Attorneys to go ahead and file the foreclosure action. Mr. Robert McLaughlin, 3790 SW 106 Dania Beach Code Board Summary Minutes 3 February 7, 2005 Ter, Davie Florida, an employee of the Palm Beach Polo Holdings Inc. came forward and was sworn in. Mr. McLaughlin stated that the docks were installed in 1984 and they did repairs to them without permits. They have gone through • many agencies to try and obtain a permit but they have been hung up with one agency which is the Department of Environmental Protection and the reason being that they have a neighbor who has filed an objection. He said that his attorney Mr. Larry Zink sent a letter to the Board dated February. 2005 asking for abatement. Mr. William Johnson asked to continue this case for another 30 days. Judy Jensen asked why the neighbors were objecting to having the docks there. Mr. McLaughlin explained that the neighbor would rather the docks aren't there because he has very big ships coming there. He said this is an issue they are trying to work out administratively with Broward County. Judy Jensen made a motion to continue the case for 30 days and it was seconded by Jimmy Peterman. The motion carried on the following roll call: David Nuby—yes Judy Jensen - yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes 8. Request for Extension - Case # 04-1038 - Shree-Ram Motel - 338 S Fed Hwy Chief Code Inspector William Johnson having been previously sworn in came forward and requested an extension of time. He stated that this case was first heard by the Board on 10/04/04 for two violations. The Board gave a final order giving the defendant 60 days to comply or a fine a $100 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12/19/04 to 2/2/05 and they are requesting an extension of time from that date. Mr. Johnson recommended a 30 day extension from 2/2/05. Chairman Bettor asked if there was anyone representing Shree-Ram Motel. No one came forward. Judy Jensen made a motion to extend the case for 30 days from 2/2/05. Jimmy Peterman seconded the motion and it carried on the following roll call: David Nuby—yes Judy Jensen - yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes 9 Request for Extension— Case # 04-1041 - Shree-Ram Motel - W of 340 S Fed Hwy Chief Code Inspector William Johnson having been previously sworn came forward and asked for a 30 day extension. He stated that this case was first heard by the Board on 10/04/04 for two violations. The Board gave a final order giving the defendant 60 days to comply or a fine a of $150 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12.19.04 to 2/2/05 and they are requesting an extension of time from date. Mr. Johnson recommended.a 30 day extension from 2/2/05. Judy Jensen made a motion to extend the case Dania Beach Code Board Summary Minutes 4 February 7, 2005 27) Authorization to Foreclose# 02-3248 Palm Beach Polo Holdings 750 NE 7 Ave Attorney Tim Ryan asked for a continuance because he said the defendant is working with the County Environmental Agency to get authorization for a limited number of docks. At that point they can come back to the Board for an abatement request. It was on motion of Judith Tulacro seconded by Jay Hamilton to grant a continuance of 30 days. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 28) 904-1013 Robert Steven Adaway 225 SW 3 Terrace DANIA BEACH, FL Code Inspector Eric Baker, having been previously sworn in, came forward and explained this is a motion to confirm fine. Corrective Action was to be taken on or before 12/08/04. Reinspection on 5/9/05 revealed no corrective action had taken place. Chairman Bettor asked if there was anyone representing Robert Steven Adaway, but no one came forward. It was on motion of Judy Jensen, seconded by Tim McLeod that a motion to confirm the fine was granted. The motion had the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes • Jay Hamilton-yes Richard Bettor-yes 29) # 04-1141 Richard Mathiasen 4500 SW 34 Ave Dania Beach, Fl Code Inspector Gary Phaneuf, having been previously sworn in, came forward and explained this is a motion to confirm fine. Corrective Action was to be taken on or before 02/01/05. Reinspection on 5/9/05 revealed no corrective action had taken place. It was on motion of Jay Hamilton seconded by Judith Tulacro, to confirm fine based on findings of Inspector Phaneuf. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 30) # 04-0234 Steven Saber 4961 SW 37 Terrace Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and explained that this is a motion to confirni fine. Corrective Action was to be taken on or before 10/28/04. A reinspection of the property on 5/9/05 revealed no corrective action had taken place; permits still have not been issued. It was on motion of Judith Tulacro Dania Beach Code Board Summary Minutes 1 May 9,2005 3 David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 11) Request for Abatement 900-1410 Edith & Elsaida Tucker- 720 SW 6 St Attorney Ryan presented the case to the Board and explained attorney Emerson Allsworth contacted him. Mr. Allsworth believed this would be a larger fine because it was an issue referencing a second building violation which was dismissed. When Mr. Allsworth found out it was $1750 he said he was fine with that. Mr. Ryan asked the Board to deny the abatement request. It was on motion of Judy Jensen, second by Tim McLeod to deny the request for abatement. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 12) Authorization to Foreclose 402-3248 —Palm Beach Polo Holdings- 750 NE 7 St Attorney Tim Ryan explained this case is a violation for installation of docks and pilings without a permit. A foreclosure is recommended on the case. It was on motion of Jimmy Peterman, second by Judy Jensen to go ahead with a foreclosure. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 13) Request for Dismissal - #02-3057- Josephine Lombardi - 4493 Sw 49 Ct # 04-0645- Hanson & Nelson Inc- 10 N Federal Hwy # 04-0017- Tianna Channel Copeland — 208 NW 14 Ct # 00-2142- Barbara Walker-9 SW 6 Ave # 00-1479- Madelyn McCutcheon- 38 NW 7 Ave Attorney Tim Ryan requested all these cases be dismissed due to change in ownership. It was on motion of Tim McLeod, second by Judy Jensen to dismiss all the cases due to an ownership change. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 14) #04-1273 Constance R Lathrop 2620 SW 54 ST Dania Beach, Fl • Dania Beach Code Board Summary Minutes 7 June 6,2005 ', C w w N C w V 4 ti cw D m ° T w C C w w w L w C h C C C C C T C T m w C T T T O m m T m m O f0 D 3 O m m m m m m O m m O O O O m w D T m m T T T D > D m m m D D D p 0 0 0 O p D O O O O p m m D D m m m m D D m m m m m D 0 0 0 0 O O m O O O O O U m D m m D D D D O m m m 0 0 0 0 0 0 O O O _O O _O O D O m O O m m m C m C 0 O p C 0 0 N N N ` O O O O O 0 0 0 0 00 C) O C) p 0 0 o o 00 0 O O O O O N O N O ° p N N N ° 0 O `° `° ° p Vi y O N O O O O N N O N O p p N N N r c r W W (q N W try t9 0 0 0 O r 0 - 0 N r O r O pIfl M NW to to o r r r o r O o o r _ N O 0 0 0 0 0 N O O O O p O N O N O p O o O o 0 0 0 r O r r O `O O r r r Nj 0 ° O O r p p h r r N r r r r r O r O O r r r p 0 0 IN N N N N N p N N N N N w O O (p O O O C) N O O p 0 O p O p 0 0 0 - - O C O N N N N N N L M M r L N L L L L N O 0 0 0 0 0 O - N N N N N N N r N r r N N N r r r m m m r m m m m n m u u u u 2i 2Q 0 0 0 0 r, D D D D D D D D D D D m m N N N w w w w w w w w O O L O O O O O O O O O O O O O O C > > > > > > O w w Q 0 0 0 0 0 0 w O O O 0 0 � m �O D m m m 'm m Fa i0 io m m m m is m m a s o- n a s 'm DD w DODO D DDD D DDDDDD a s nn g wUCm wUCm DCw wwwwwwwwww w w w w wa Q a Q Qo aa an ao an ao s U U U U U U U U U U U U U w U C C C C C C U C C C C C C C C C C C C C C C 0000OO C 0OOOOa 0 wE m mmammmm - - D ° E m m m m m m m m m m <a w D a E ° a E a a a a o. a o. a a E n n n ] ] ] J ] ] E J 5 ] ] J U ] c E E U E E E E E E E E E E E E E E E n a a n o. o. 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N M O co � N U) Un N ° Z (n z Z Z Un Z O w M N ( M r O - N M O r M V m N N (D N cD O r (O N p D N (O N N N N (D O Q r O M N 0 0 M M N N V O N N O O N O C VJ S V V r Q Q N V N N N V N r Q O N M M N V R N N r N N N C D w ] E ~ o w o 'o m co' m ? w o 0 u o o Z m .E d 2@ m f0 � CD m J a�wi C C O .- N ° > w N V) N w N S C] D a U J (n J ] E a m m m m m � t w c W wu a. m E S° w 1y0 U U E E m o N L L N w w m (n y S T J O Z Z N x S .0 m m N m N J C mO NUn c 0 02 m Q w w Y m m w ✓, t' A 00 E m o m ami E u t `m w m w m m z UQ� a o w w w U r U x z a a U U z >I x x m w x w it M N M O y r N r r N 0 0 (D O O N N N m y (p r N - p r (C M - r (D - (D (D r (D r r r r r N N - - - (D (D r r m O O N (O (D (D (L N (O (O (D (D co (D (D (D (D (D (C (D ID (O (D (O (D (O (C (D (D (D U Coo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O CIO O O O O O O w D O W N ("> C N (D r a0 01 O W N en O N (D r ap O1 O W N FY O v1 (D r aD 01 O � w N m U ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE ANT,NW CANTON,OHIO 44718-2933 EDWARD 3 ZINK(1921-1996) Telephone. (330)492-2225 'ADMITTED TO PRACTICE IN L.ARRY A.ZINK" Fax (330)492-3956 FLORIDA Cellular Phone. (330)495-0171 E-SIail LALOHIOC(�aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL_WEST,SUITE244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax (954)428-3672 January 25, 2007 Mr. Lester Garcia DHL. 62311729141 Dania Beach Code Compliance Clerk City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No.: 02-3248 (Abatement Request) Dear Mr. Garcia The undersigned is attorney for Palm Beach Polo Holdings, Inc. A Formal Hearing is scheduled before the Special Magistrate for Municipal Code Compliance on Monday, February 5`h, 2007 at 6:30 P.M. I am enclosing herein a binder prepared for Palm Beach Polo Holdings, Inc. setting for the Polo Holdings position as to why the fine should be abated and the lien released. Please provide the binder to the Special Magistrate before the Hearing. Very truly yours, ZINK, ZINK &&ZZINK CO., L.P.A. Larry A. Zink, Esq. LAZ/mab Cc: Palm Beach Polo Holdings, Inc. m-rfiles\pbholdings.5 t0V02-3248\garde-d&vlia beach code comphance doc SPECIAL MAGISTRATE DANIA BEACH CODE COMPLIANCE 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation Case 4 02-3248 Plaintiff NOTICE OF FORMAL HEARFNG (Abatement Request) VS, PALM BEACH POLO HOLDINGS, INC. Respondent(s) TO: PALM BEACH POLO HOLDINGS, INC. 11 199 POLO CLUB RD. WELLINGTON. FL 33414 You are hereby notified that the City of Dania Beach has alleged that you are in violation of the following Code Section, Code of Ordinances, City of Dania Beach, Florida. FBC 104.1 A copy of the Notice of Violation of municipal ordinance, previously served upon you, is attached. You are further notified that the SPECIAL MAGISTRATE FOR MUNICIPAL CODE COMPLIANCE will hear and try the alleged violation at 6:30 P.M on February 5, 2007 at the City of Dania Beach, 100 West Dania Beach Bled., Dania Beach, Florida. IMPORTANT— READ CAREFULLY 1. You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance. Please bring this NOTICE OF FORMAL HEARING with you. 2. If you have witnesses, books, receipt or other writings bearing on this alleged violation, bring them with you to the hearing. 3. If you wish to subpoena witnesses, see the Dania Beach Code Compliance Clerk, City Hall, 100 West Dania Beach Blvd., Dania Beach Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the Special Magistrate for Code Compliance with res.)ect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appear is to be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Dania Beach Code Compliance Clerk, leave your name, phone number, and case number and an inspector will recheck the property for • compliance. 7. In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact the Code Compliance Special Magistrate Clerk at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3646 not later than two business days prior to such proceeding. DATED at Dania Beach, Florida, this 12`h day of January 2007. Dania Beach Code Compliance Clerk 3y: Lester Garcia (954)924-3790 Certified Mail 7006 2760 0004 7017 5354 Also sent regular mail xc: Zink, Zink & Zink CO., L.P.A. 3711 Whipple Avenue N.W. Canton, OH 44718- 2933 Certified Mail 7006 2760 0004 7017 5361 • • • F DANIA BEACH A FLORIDA MUNICIPAL CITY O , CORPORATION , PLAINTIFF VS. PALM BEACH POLO HOLDINGS INC. RESPONDENT CASE NO. 02-3248 RESPONDENT PALM BEACH POLO HOLDINGS REQUEST FOR ABATEMENT AND RELEASE OF LIEN AND SUPPLEMENTAL MEMORANDUM IN SUPPORT OF REQUEST FOR ABATEMENT AND RELEASE OF LIEN HEARING BEFORE THE SPECIAL MAGISTRATE FEBRUARY 5, 2007- 6:30 PM ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AA ENUEN.W CANTON, OHIO 447,1 8-2933 oWARD]. ZINK (1921-1996) Telephone(330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK Fax (330)492-3956 FLORIDA E MAIL. LA201I100ao Lcom 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST, SUITE'44 HILLSBORO BEACH.FLORIDA 93062 Florida Telephone&Fax (954) 42B 3672 July 14, 2006 Clerk— City of Dania Beach City of Dania Beach Code Enforcement Board 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No. 02-3248 750 N.E. 7th Avenue, Dania Beach, Florida Dear Clerk of the Board. Enclosed is the original and two copies of Palm Beach Polo Holdings, Inc. Request for Abatement and Release of Lieu. Please return a stamped filed copy to the undersigned in the enclosed self-addressed stamped envelope. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. Lg A. Zink, Esq. LAZ/mab Enclosures • m-rfiles\pbholdings-61510\daniabeachdock\delua code enf board doc f CITY OF DANIA BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, a Florida Municipal Corporation Plaintiff, Case No. 02-3248 vs. PALM BEACH POLO HOLDINGS, INC. Defendant. DEFENDANT PALM BEACH POLO HOLDINGS, INC. REQUEST FOR ABATEMENT OF FINE AND RELEASE OF LIEN • 1) This request is for abatement involving certain property located at 750 NE 7th Avenue in the City of Dania Beach, Florida, 120-39 B Parcel A less E333 and less N 249 and less Dania Canal (40235 17 0030). 2) On April 26, 2002, Palm Beach Polo Holdings Inc. applied to the Broward County Environmental Protection Department for a license and permit for docks and pilings for a certain property owned by Palm Beach Polo Holdings located at 750 NE 7" Avenue in Dania Beach, Florida. 3) On September 19, 2003, the Dania Beach Code Enforcement Board issued a Final Order to bring the violation specified in said Final Order m-rfilesApbholdings.510\02-3248\req abatement-fine rel-lien.doc 7 relating to a permit for docks on Polo Holdings property, into compliance on or before December 18, 2003 or pay a fine of$100.00 per day. 4) On January 22, 2004, the Board issued a Supplementary Order granting Palm Beach Polo Holdings request for extension of time for imposition of the fine until March 17, 2004. 5) The per diem fine of$100.00 per day commenced on March 17, 2004. 6) On January 31, 2005, the Broward County Environmental Protection Department made a Final Determination denying the request of Broward Yachts, Inc. for a license and permit for the Docks. 7) On February 7, 2005, Broward Yachts filed a Petition for Review of Final Administrative Determination by the Environmental Protection Department ( EDP). 8) On March 30, 2006 a hearing was held before the Hearing Examiner on Broward Yachts Petition for Review of Final Determination. >) Or, P.1ay 23, 2006 the Hearing Examiner issued his Final Order (Exhibit 1) which found that "The administrative decision denying the license/permit application to maintain docks is quashed and the matter is remanded to the EDP to take appropriate action in accordance with this Final Order." 10) On June 13, 2006 the Broward County Environmental Protection • m-rfiles\pbholdmgs 510\02-3248\req abatement-fine rel-hen.doc 2 Department filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 1 l) On June 14, 2006 G&G Marine, Inc. filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 12) On June 23, 2006 Broward Yachts filed its Responses to the Motions of the Broward County Environment Protection Department and G&G Marine. 13) On June 23, 2006, the Hearing Examiner issued his Omnibus Order (Exhibit 2) granting in part and denying in part the Post Hearing Motions. In the Hearing Examiner's June 23, 2006 Omnibus Order the Hearing Examiner specifically found that: 1) Petitioner (Broward Yachts) has fulfilled its burden of showing that the EDP's decision was not supported by substantial competent evidence; and 2) Broward Yacht may maintain the five existing docks and repair and replace them. 14) On January 31, 2006, the current tenant at the subject property did obtain from the City of Dania Beach a building permit for docks and pilings, Permit No. B-06-0087. 15) On February 7, 2006, the City of Dania Beach did issue a partial final • m-rfitesApbholdings.5 1 0102-324 81req abatement-fine reldien.doc 3 on the Permit B-06-0097. 16) Palm beach Polo Holdings requests this Abatement and Release of Lien based upon the chronology of facts set forth above. Throughout the appeal of the EDP decision Counsel for Palm Beach Polo Holdings has kept the Dania Beach Attorney, Mr. Tim Ryan, advised as to the status of this appeal. Based upon the Hearing Examiner's Order, EDP erroneously denied the license and permit applications for the docks which applications were filed on April 26, 2002. The fines which are the subject of this request for abatement were not imposed until March 17, 2004. None of the fines would have been imposed if EDP had approved the license and permit applications. • The Hearing Examiner specifically found that EDP erred in refusing to approve the license and permit applications for the docks. Respectfully submitted, Larry A. Zink;Esq. Florida Bar No. 0109592 ZINK, ZINK & ZINK CO., L.P.A. Ohio Office: 3711 Whipple Ave., NW Canton, OH 44718-2933 Telephone: (330) 492-2225 Telefax: (330) 492-3956 • m-r£des\pbholdings.510V02-3248\req abatement-fine rel-lien doc 4 CERTIFICATE OF SERVICE • I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U.S. mail on this JV4- - day of July, 2006 to: Timothy M. Ryan; Esq. Dania Beach City Attorney Ryan & Ryan 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Fax: 954-921-1247 Lary A. Zink, Esq. Florida Bar No. 0109592 • • m-rfi1es\pbho1dmgs.510V02-3248\req abatement-fine rel-lien doc 6 BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, V. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. FINAL ORDER This matter came before the Heating Examiner on March 30, 2006, at the Government Center West location on Broward Yacht's Inc.'s ("Yachts") Petition for Review of an administrative decision denying a license and permit application to maintain several docks in an easement waterway abutting property owned by Palm Beach • Polo Holdings, Inc. ("PB Holdings"). At the hearing, the Environmental Protection Department was represented by Michael Owens, Esquire, who presented the testimony of Julie Krawczyk, Natural Resource Specialist 11. The Petitioner was represented by Larry Zink, Esquire, who presented the testimony of Glenn Straubb, the President of Palm Beach Holdings, Inc. Also in attendance at the hearing was Steven Ganoe, President of G&G Marine, Inc. ("G&G")t . In the administrative process, G&G, by way of a letter from its lawyers, objected to permitting the docks to remain.Notice of the hearing was published in the Sun-Sentinel on March 18, 2006 and March 26, 2006, and on March 14, 2006, counsel for the Petitioner diligently attached the notice of hearing and sent it to G&G's attorneys, by e-mail. Ganoe presumptively appeared at the hearing because he received notice through one of these channels. However, G&G apparently made a tactical decision not to have Ganoe testify or to support its objections with evidence. This essentially left the EPD and its fine counsel with no evidence to support G&G's objections other than the hearsay evidence contained in G&G's lawyers' • FRNrDINGS OF FACT • The pertinent facts surrounding this proceeding are largely undisputed. On May 5, 2002, the Broward County Environmental Protection Department ("BPD") issued Warning Notice No: WRN02-0125, to Yachts, a then tenant on the property, and PB Holdings, the owner of the property, for constructing docks and installing pilings at 750 NE 7d' Avenue in the City of Dania Beach, without first obtaining an Environmental Resouree License. As corrective action for the alleged violation, the warning notice required that Yachts and PB Holdings apply for an after-the-fact license to maintain the docks and pilings. Yachts submitted applications for Environmental Resource License No: DF03- 1121 and Environmental Permit Application No: 06-0194386-001 to enable it to maintain multiple docks in the easement waterway. The Petitioner offered into evidence photographs of the easement waterway showing that the docks have been in substantially • the same area since January of 1985. While the EPD argued that the docks were facing slightly different angles in the photographs and that there was perhaps some discrepancy in the application submitted by Petitioner, the bottom line is that these docks in some shape or form have existed in this area for over twenty one years and have been used for substantially the same purpose for those years. In the administrative review process, only G&G and the Port Everglades Pilots' Association lodged objections to the docks, but the Pilots' Association withdrew its objection when the Petitioner agreed to remove a proposed 6'h floating dock from its letters. Although hearsay evidence is admissible in an administrative hearing to corroborate or explain other evidence, it may not be used to support a finding not otherwise supported by competent substantial evidence. Spicer v Metropolitan Dade County 458 So.2d 792 (Fla. 3d DCA 1984);Pasco County School Bd. v Florida Pub Employees Relations Comm'n 353 So.2d 108 (Fla. Ist DCA 1977). 2 application. The criteria to be used in determining whether a license should be granted are found in Section 27-337 of the Broward County Code. The only relevant standard to this proceeding found in that Section is Subsection (a)(1), whether the docks will adversely affect public safety or welfare or the property of others. No evidence was presented that the docks, which have been in existence at the location since 1985, have ever caused an accident or that they impede G&G's reasonable use of the easement. Moreover, while the EPD does have the right to regulate these docks and the navigable water upon which the docks rest,the easement area is not generally traveled by the public and more or less serves as an entrance to only two businesses, G&G and that of the Petitioner. CONCLUSIONS OF LAW The Hearing Examiner finds that no substantial competent evidence was presented that would support or warrant the denial of the license and permit sought by the Petitioner to maintain its existing docks. The administrative decision denying the • license/permit to maintain the docks is quashed and the matter is remanded to the EPD to take appropriate action in accordance with the terms of this Final Order. Done and Ordered, on June 5, 2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq. Lary Zinc., Esq. 3 • BEFORE THE HEARING EXAMMR FOR THE BROWARD COUNTY • ENTVIRO-NMENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, V. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. OMNIBUS ORDER GRANTING IN PART AND DENYING IN PART POST HEARING MOTIONS This matter came before the Hearing Examiner on Respondent, Broward County Environmental Protection Department's ("EPD") Motion for Reconsideration of Final Order and G&G Marine, Inc.'s ("G&G") Motion for Rehearing and/or Reconsideration, • and the Hearing Examiner having reviewed both motions and the Petitioner's response thereto, it is ordered as follows: 1. The EPD argues that the Final Order entered in this matter was erroneous because the Hearing Examiner applied the wrong standard of review and burden of proof. If a decision made by the EPD is not supported by substantial competent evidence then the decision is arbitrary and capricious. The EPD seems to really be arguing that the hearsay evidence contained in G&G's attorney's letters are sufficient to establish that the docks present a safety hazard or adversely affect navigation. 2. To accept this argument would essentially place the administrative decision made by the EPD beyond meaningful review. If a neighboring property owner • could file an objection in the administrative review process and then not appear at a hearing and make themselves available for cross examination, it would negate the need • for an evidentiary hearing and would likely amount to a denial of due process. In essence, this is how the Hearing Examiner process differs from a petition for certiorari filed with the circuit court or district court. On certiorari, no evidence is taken and the appellate court simply determines whether the essential requirements of the law were observed based purely on the record established before the lower tribunal. 3. The Hearing Examiner has reviewed the evidence and is satisfied that the Petitioner has fulfilled its burden of showing that the EPD's decision was not supported by substantial competent evidence. See Etienne v. Muvico Theatres, Inc., 792 So. 2d 648 (Fla, 3`d DCA 2001). Therefore,the EPD's motion is denied. 4. G&G's motion's requests certain relief that is not inconsistent with the Final Order. Specifically, G&G requests that the Final Order prohibit the installation of additional docks and prohibit increasing the size of the existing docks. • 5. The Hearing Examiner's decision rested in part on the fact that the docks were in place for many years and that there was no evidence presented that the docks caused a safety hazard or adversely affected navigation. However, it was certainly not the intent of the Hearing Examiner to authorize the installation or maintenance of additional docks, nor was it the intention of the Hearing Examiner to permit the Petitioner to expand the docks so that they protruded further into the waterway shared with G&G. 6. The Hearing Examiner viewed Petitioner's docks as being akin to a non- conforming use, which is permitted to continue to exist, but which may not be enlarged. Thus, this portion of G&G's motion has merit and is granted. Petitioner may maintain the 2 • five existing docks and repair and replace them, but may not do so in a manner that acauses any of the docks to protrude at a greater length or distance into the waterway. Additionally, Petitioner may not construct or maintain any docks other than the five existing docks. 7. G&G also requests that the Hearing Examiner prohibit the Petitioner from berthing yachts and large vessels. At the hearing, there was no evidence presented concerning such activity or its impact or potential impact upon G&G. To the extent G&G has this concern for future activities or operations, an application for an injunction in the court system is the correct avenue for relief, if warranted, rather than interjecting this issue into this proceeding after the final hearing has occurred. Thus, G&G's motion is denied other than the relief granted in paragraph 6. Done and Ordered, on June 23, 2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq. Larry Zinc., Esq. Michael Garcia, Esq. 3 SPECIAL MAGISTRATE DANIA BOARD CODE ENFORCEMENT BOARD 100 WEST DANIABEACH BLVD, DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida Municipal Corporation Case No.: 02-3248 (Abatement Request) Plaintiff. (Hearing Date 02/05/07 At 630 P.M ) S. PALM BEACH POLO HOLDINGS, INC. Defendant. RESPOI4DENT PALM BEACH POLO HOLDINGS, INC. SUPPLEMENTAL. MEMORANDUM IN SUPPORT OF REQUEST FOR ABATEMENT AND RELEASE OF LIEN On JUIv 14`", 2006, Palm Beach Polo Holdings, Inc. (Polo Holdings) filed its Request for Abatement and Release of' Lien with the Code Compliance Clerk. A Formal Hearing is scheduled before the Special Magistrate on Monday, February 5th, 2007 at 6:30 P.M on Polo Holdings Request for Abatement and Release of Lien. This Supplemental Memorandum will set forth certain additional facts which are relevant to Polo Holdings Request for Abatement and Release of Lien which facts clearly establish that the fine should be totally abated and • m-MilesApbholdings 510,02-12Wsupp mein supp abatement & release doc 1 the lien released. 1. At least five docks were located on the property since June 29t', 1987 (See Affidavit of Christopher Denison— Appendix 1). 2. On April 26th, 2002, license and permit applications were submitted to the Broward County Environmental Protection Department for the docks in issue (Appendix 2). 3. On September 19 h, 2003, the Dania Beach Code Enforcement Board issued its Final Order to bring into compliance that alleged the violations relating to a permit for the docks. It is Polo Holdings position that the permit for the docks was obtained when the five docks were installed in June 1987. 4. On October 24th, 2005, all of the docks were destroyed by Hurricane Wilma and no docks existed. 5. On December 13th, 2005, the tenant at Polo Holdings property submitted an application for General License for the docks (Appendix 3). 6. On January 6`h, 2006, the Broward County Environmental Protection Department granted the request for a General License (Appendix 4). 7. On June 5th, 2006, the Final Order (Appendix 5) was issued by the Hearing Examiner for the Broward County Environmental Protection Department which Order specifically found that with regard to the April 26th • m-rfiles\pbholdings 510V02-3248\supp men supp abatement&release_doc 2002 license and permit application "no substantial competent evidence was presented that would warrant the denial of the license and permit sought by the Petitioner to maintain its existing docks." 8. On October 26t', 2006, the Broward County Environmental Protection Department issued its Notice of Intent to Issue Environmental Permit & License (Appendix 6). 9. While the license permit application was pending with the Broward Countv Environmental Protection Department, Polo Holdings kept the Dania Beach City attorney, Tim Ryan, fully advised as to the status (Appendix 7). 10. The sole and only reason the fine accrued was because the Broward County Environmental Protection Department wrongfully denied the license and permit applications submitted on April 26", 2002. Conclusion For the reasons set forth in Palm Beach Polo Holdings Request for Abatement and Release of Lien and this Supplemental Memorandum, Polo Holdings requests the Special Magistrate to abate the fine in total and release the lien on the property. Respectfully submitted, G Larry A. Zink, Esq. Florida Bar No. 0109592 • m-rfiles\pblioldings5 t0V02-3248\supp mein supp abatement& release.doc 3 • ZINK, ZINK & ZINK CO., L.P.A. Ohio Office: 3711 Whipple Ave., NW Canton, OH 44718-2933 Telephone: (330) 492-2225 Telefax: (330) 492-3956 Cell Phone: (330) 495-0171 Florida Office: 1198 Hillsboro Mile Suite 244 Hillsboro Beach, FL 33062 Telephone & Fax: (954) 428-3672 • m-rfiles\pbboldings.510V02-3248\supp mem supp abatement&release-doc 4 F[oRe 2[eC 2;PK 2t,tk �\ FHY 40.. :39�9s3956 -=-Bi-B1 I nggh AFFIDRVF'I'CrF CHRISFGFI� D1;I4I60Fv • STATE CtP ., SSCOUNTY OF The eMdmipol, C&-Utap M DerdM tag ElEt d,dy �Wam doe hm-hy p.3te bz:ed up ,persarjl 1xowje,, a Md Mtef the fai)o;virg: 1) Attached hottto as Exhibit I is a genuine, tno and correct copy of a catein Crass-Lisp Easement for Ingress and Egr=dated Juaa 29, 1997 mad recorded in the Broward county Florida, Divtston of Records,O.R.B. 14904 pg. 165 (Mae E€eemant), 2) As of June 29, i987, i was Pmident of Denison Merin: Inc., the Cmurbr of the Easement. 3) AA of June 29, 1487,theme were fivq(3) docks Jocatcd within the — 2.864 area referred to as the Pzrcel I1(Dert son Marine property)as Set • forth in Exhibit 9 to the EBgemett 4) It was not the intent of the yaxtics to the Eagemeat that the five doc1U described i" paragraph 3 abort would be removed, and in fact, the Easement does not provide for tk removal of said docks at any tirm. 5) From the date of the Easement (June 29, 1987) tmtil m•rfucs�g6hoi6it:ee-5 to'�cn�emantaav�,.avo 1 s ' a[e5 iy�QA Y PPDq. Zf HF 21 kK 2I KC i¢, I SS6492393G B6-el-pF II.fiBp P,63- • Wrcydrnatety 2003, being it time peiod of 6XIosn (16)yean, I am trot aware of eayone, either orally or in writ.mg, claiming that tho 1 docks encrmchM on any provi;ion of the FAscme,ot n1son ruff ev ya P, STATE OF,1:I QkWA CDUNPY OF JA j U I hereby certify the on this date. before fTv', Personotly appeared CIMISTOPHER DENISON, who is Pssf3nelly known to true or who provided proof of idantitiaatiarr DIM did under o!th sign the tx-a SEaing affidavit. fN TESTEMONy WHEREOF, 1 have hereunto set cry hard and of$cial seal at this 6 day of May, tow. Public My COM.misaian Expires: 9 01/� --7 i 9 f '7%r liter n f pteFand by, 6USANaate or r U A,Zink, Nptary R*FND. state OF a York m &7Np Nn.o16AdfM.l,�9E ZW)C z=A r."Cp..L.P.A. Quettctea in 11r4rawd County � r- 3r11 WGlppL Aw V W. Conlgdaafon CFpree 3601.2p,Bahl cmoa CM 44710-29D Mnle: (330)/92.2125 FaK; (110)02-3M T-fill""haUino51" icplyQrrd PiLwpa . a E 'd ❑Lae. 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Pr,)eci gcrwrzttd,011d u'�:',c: Proriie a 3c,.acd dcsmption and c_l,ralco vc!n' n f'r zil>c1;d=Lor hr ,vrzr ar"'; a'�d to be c -ted du tng'1,c 1 c::c;o oftbe p-npcsta p•oject and h-nw it H 't be managed on. V n_r,y v'_!csbe's;cdo.^.Sit �''.:';Try s,P)s t dncnlocin ,ti r 5 lcztsc:;,,,_ era•r✓figs xhca it t{'slI b tared,'%=1u" tvhzt stc-ts urll b used to pr.vtnt avbsidcn.t) k�6CL Dt tbc es:t.':at'a:Il bt tD :.S...811:8t plaL=. nii provide :h.:^rprne,adre:s,arJd phone numbnx of the cozirx„,t1)r.-r^ors 61c fo r.^. .�cg dis?ar�g and!:cvl:r iSc ��:csa:cd:,zsles. S. Appli;.at on is made for a liccayc to au4,ori c act th us ucse:ibe3 hucr n: A. I tinder-wr.:i I.:->ltzve t4 pzrvidc zddtiionai .aforzz:ict,oats Pica:may be ncee— :o :aou!i:at Gee nro-ngscd ,uOjccrwiil comply wills Scoiions 27-�Sl t$so�ga 27-341,tiled Aquatic and Wetla:3$cSt':r'S PIDIcd1o.^.,of-tic Natural Rmocr,:c pmleetior.Code B. In add4ior.,I agmc to provide entry to the am}ed Sitc,fa Tm.rYrtorx wife proper ldtnb`mliac ;or,the purport for ;cv ct'rfrigthe sitGucon'credbyttaesi:epc ofSt-1io,^.s 27 '_3S_h,=&b:i T341,Elcda vaticari't W c iW'd Rcs6vrcc • C ,Fur?-.tsr• I hcrcby a.,ksa hicd��` obi�a on and r•p�rs>7d ',•rr: aSt vng ail of h cq c s t ,.: 1,a;:d localr_mrit_s bc`bm=Mmeoscanczt ofcv2, acft�r ac:rv,li i 7. S:1JHlij Slit 1nf3t a5Ca 1 y7:CYiV=-Dt be n. ; .e ,..:'iGY 1CN',�LPidcnrtznu t':..t u...J p3r`mrJuv not OJ11�utGd i0 issue a c.mprrl,ca"svc Compic ac,s S„r nn-Y. 12. CERTIFICATION: I=rlifyrhei 1azn;ac.ivar-�,ththr, c+nsGcncc tz'vtcCtiaf7us.zp.'Ii=aiiaa,and:rlr ftot?tcbestof my knowk;igc a:td bei %such i:ifaimatio. is trot,coM plcic aad a:;.:.aa:c-I`at'?tcr cer y d;z i p c ss t3;t a' ihp r toundartake,tl,cpropost9a.:'"i;tiim, Sho ;�3zDL ➢z'"r.�irar-�r !:17Zc>c cLicenst b:gr"en[cd,]nc cny cc;.t.w - 1 Wril cctr,ply witb ffl £cncal znd specific candrac�.s ol�.that Lncc'sc aaa ttn tht Braward G�>-'city Na:urzl F-csa-.'zr Proice':�Code(012Pi6i 27.L?r�Na 90-99,=s z-•lcadcd.) rr 1(lt"CJ.L.C.a�n-.' (/i1/` ._1•t31�jiCp______ 7 !Co U Z Sipaturx of Applic at. Date, � pp �'- �✓i /JIc11 /8r TYpcd.,Trintcd Namc efA,pplicaat iltic.ifapp'lkz`'Ic) NDtatizatibn: STATE OF / COUNTY DF ( ro4A1Gr J !' n o7 Tbc(oreSp>s5 instrwreat was zcknow'l edged b o .n,.:t`.ris ?tO. day of —Pa�? j J�GF�Ql. . . l�✓F�pC;so 1 v 1:-Lm t� n n aj.-.ti�"lt 'u F o c_ed "� ^s iden l.rcati cn. . ./ � �•� '///_/ 1JIy cam p"Tor.expires: N-mc:' lortyrui cS..tcofFleriaa Vfl,lJ VIA EI+'H�.13 (Jc n:mist c-r N=mbc-: • 1 1 � � � ltl KS;�I C6379T - � SECTI13Iv A -� 4;.,.� � _ r � ✓:o alit n f Fee ? ��c�ed i rz peat L pee Re e pt A PART S fL-e a,-y Oi 1, a- 1' °e rn r.s arpIOa; ri pr_pcsed L0 70--iir in., On, or O'; f ill E"3n'�3 Gr ouharS'urfac__ Nc c J(I�\Y' s 0No / 3 0 1, ■ PART 2; A- Type of Envi,,mmenial Resource Permit Requested (check at least one)- See A'.tabhrnent 2 for threshoids and descrptions. Cl Noticed Ge^eial-include informa`ion-equested in Se lion B. u Standard General (Single Fanu'.y Dwelling)-inoiude infol =lion ;eequest_d in se,ions C and D. r S'andard Gene al fast oiher St Ja d General o o:ects; include infarr t. n r quests i s Sac`,rons C and F 10 mdwidual (SIMgie ram'} Dwernn;) i5clute i-i�o major,, neqjesfed i 5 ons C nd D- G Individual (all other indv,d al projects)-include information requested in L#i0.s C and 5 CJ conceptual rnc)ude information requested in Sections C and E_ 3d ❑ Mitigation Hann Permit j nmtructian) include iniw..-anon requested in Sr,ction and F. ( if the proposed mitigation bank involves the construction of a surface w3ler maraueM: cnt system requiring another penit defused above, chess; the appropriate pox and subm t e information requested by the applicable secbon) • © mitig-,;ion Bank(conceptral)-include information requested M Seclkrt C and F a, Typal of act,,l`j for wlic'h you are applying(check at fast one) ❑ Construction or operaban of a new systern, other'I-ian a solid waste fac;Xty, including dredging or frlfna in, on or over we"ands and other suracewaters. Construction,expansion or mocifiraton of solid wasle facility. p Alteration or,operation of an existing system which was nct preyious`ypermi<',ed by a WhID of DER ❑Modi`ca53n of a system preyioasly pemi<ed by a W1,11) or DEP,provide previous permit numbers. n .Atte*a?idn of a system O Extension of permd dura'aon C_7 Abandoriment of a syste;n Cl construction of additional phases of a system D Remaval cf a syst m C. Are you requesting authorization t -se Srrvpteign Submerged Lands l Yes j o (See Section G aid Attachment 5 for mere info ma5oh hefx^ansve; g this t{u sHo .,} D. For altos ties in,on or over we�tan's or other surf ace V.BIer>, c`leck typo of deal dr>_dge and fil perrrt requested-. G Ind.mduzJ ❑Prog amrratic General TY, � ❑ Na5c wde T@at Aprlc�bf_F- Are you rtail'ning to qualify for an exemptian? es Cl No Iryas. pro'rde rule number d known J5T Sw PAY>i S. A.. DNR{n?jSj DF i.A.?� 3. -'r.•1'70 ZELiTr�°_11f.;i jl Gi�k@R.i1:,4N D^i1_°7 H,1 -YIUCCY r�zCt'i�til . }' nYJ Ya 57o r l 1 rat Ir W 3S t 1 .n � § bl iJlh •L2 �44�1^V }--JMV: 1 1 Z Co .ff.i a C. ;.cIBw An DR=TG St�11EiE PE7..'liy'. . D. LJIrSJLT.:YT(ff FEn"rn7 FRG.I.ADF3;i7 i ti �Ytt)>rl'1v 3 y Pr I"j F4 (Pleasa_ t Y� �0(o _ Ocj7 � cn7a rovide metre equiva'.ent far fedarz;ly fundad pro}�cts): of pro zct including phase f appucabke ppti�it oVrrad area cant guovs to he pra)ec D. 7asai a £a sen xi by fhe systenr ; ha. 'r_, impervious area for Which a perm?[is sought ac; ha. F- %'chime of water that the system is capable of impounding; ac.ft; r G. lgf_,at is the total a oa of%e�rfc in,on, or w2s wetlands or oL; er surtax waters? 1i 'rota[volume ofmatariialtobedredged- '" yd; — m' L Nutnber of new boat slips proposed:R -_suet sips; dry slips • P3 e 2 or 5 yl t i =t?7 C4 z. r Jc%t lD ca4f n sheEfs. if ncccc' f. i.✓ in S;Ji E. 1 T�C�i1.� J f C� C �{ Sectipn( Se ans} lodvrisFrip Rang: a i anv G ant name cr appiimt)le Tax Parcef identfaczbon Number St-aet r_aj oi-0u`3=FiJC r Y T.. PART E: Ge5ulbe in gene-al tarms the proposed prajzct, spsiem, 'r ac;iviv. Pave 3 of 5 • PART ". A, Inele , ava a&c r 3n), P; M-etirgs' '4i reglf ',Cry 2 r G Eec':�i? I,:>t Lam.. '.'.':_ e($), I�"u'' ;Gi �Sf.3rid I`.eT^t>`Ji.h=� c,a�i 8�p y?i C� � •�1;(�S�i.ctci`J�$. Q 3 B. Fieasa ide , ;fy by number a ry MSVV''',Vv' `.land resource!ERFI A DE Permits pending, issued or rvi F.i`,3jc:.0 `l 40 iD�:iG;, and a Y f�ia"ed PniDmarnent anons. le', uy Date Nc)i7ype of AppGcaticrt Ac'ion Taken C Note' Td,P So'Icw ng intrna lion i5 rc-ouired fov protects bran sej to occur 9n Lou or m,er wn tl�,)ds rat need a `edema dredge and f4 D--nn'r or an au'tlor4zatlon to us-stag owned suhmarced lands Please provide the names,addresses and zip codes of property owners whose,pru?erty directly a3J a s t:A p oject(ehChiding appf a i)ardlo (wr pro , f,ary aut toriza,k ar)is;ocal�-d w'r'hin a 50D� racims or the applicants [arid Please a&ch a plan view shoring the owner's names and adic N,i Ing p7-)!J r`y fires, pJI-oc-hF addE`10,2t sheets If 1, it 3 C f. $. • ?age 4 of 5 rr v. ➢ v9 k �..�o� 1 r11.F I 3.. �_ Y• this s-P r, TG'M, 1 :3 a �r + +'.•r Derr > d any p jN ,ettry aw orizo,lcn rider d Gb GF crrorr+ra o iLle ctcpo ling data end it olden al Information filed wi tr applioat nn I mitt r •rr'r +.; h t CDn orned in rn_- o^�+� and reprasenl that mow- , ;n'D:rn F',Mi, k.. trU? corn.Dlere ar.d aczu ate. I ,Tigerotehd this is an application and not a permit, and that work prior to ap;prova! is a vioiatio I understand that this a;;)5catiori and any permit iss��ed or prnpriet..ry auth:p .za.,an 755uea p ruart T`iaretr,, does not ia!ieve me of any aMigaaion for obtaining any other required federal, s`;ate, e ater manage.~<::err dis-rict or Ic^a! permit pier to _orrman_ernent of enstruction, I agree, or I agree on behalf of thz applicant, to operate and maintain the permitted system unless the permit+ ng agency tfuthrize_s transfer of ti,e uermit to a responsible operation entity. i unde-stand that knawin.ri/ rralj,a r+y false s.a__man* :,r ;e(:rasen - , �o :his ayp!c:rftiort is aviniatinn of S-lotion 373.130, F.S. e7,d 18 U.S-C. SFc;icn 1001. Typed/Printed Natne of Applicant (tf no Agent is used) or Aoerlt of one is .-0 authorized b4ovvy 5'cna:ure of+`'ppica—Lt AnsrA Data {Cotporata TUe if apphcablel AN AGENT MAY SIGN ABOVE CNtY 1F THE APPLICANT C nR?r r we THE ECI L CLNIt1,: B. 1 hereby eesignate and authorize the 3.9ent!isted. above:to aci on my bu akf_or on blphalf of rev corporation, n- the agent in the processing of this application far the peunit andl'or proprieta7y aULharitaYian indicated above; and to fum"iah,on r�aouest, supptomnnta:information in support of the aopticat on, In addition, I authorize the above-listed agent to bind roe,or my corporation, to perform any requirement which may be necessary to procure the permit Or author; ation indicated above_ I URdersta"Id that knov✓irtgly making any false 5*atwrenl or repre antaticn in th¢s a,+pplivaliop is a viola i7o•.n • o;. Section 273,430, F.S. and 13 U.S.C,. Section IOC1.. Typed/Printed name of Applicant Signature of Apphcant Date tCo,porateTide if applicable) Pines naL T}'9 P�o1lca C`s mio'Is1 Hato X t n coovl is rcou' d 6 PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOL.LOWiNG: C_. I either own -,he property described in this appticarion ar I have Le-sal authority io allow aCV.SSS'to the property, and I consent, after receiving prior notification, to any site visa on the property by agents or,pe;sonnetfrom the Department of Envi'.ronrren s-1 Protection, the Water Management.District and tl_e U,S, Army Corps of Engineers necessary for the review and inspection of the proposed project specified in This application. I authorize trite>e e,gents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to rno,3lfor jperrnitted wbFk if a permit is gran e.d. Typed E rioted ?3arne Signattirz Cate: (Cfarparate Title if app'ticable) Page 5 c{ 5 • Yl �1 1 lam# ♦eel+w �6�2Es9s:'� < o �� G e - � p IEP In �•. - _ ___ _. 1 PGCT -rpF'Yi G}t649_L ___- - r,l � s.s, '. b t[wa'r qPw� tm[xisurc y aS_ tL 1 :1 ��iEnr.1G 771 �-t $ mn 41. a y 1 31� C y 1 {/}I Rv6RCEA+7SS is LS g 1 I1 END. YAYfl it � � i 1 +.-te2 • .� Citbr -t 19 MNP. MAT 'ni. c " r m HOLLYWOOD 04, � r+yy�Ptt i f 3 6 n ' m22 \ I 5 r . n -s i1 a� .P. ' p 7 J O .1/71 C "1 I •��ae i+ z' E ty 1 i�3%'�,dy ;�drna r.y1 _'i sl.'.�,Y.7' rd.Y✓..- - a°:r 9 au �'"-I4P.-+ie mrc.xG e e 1 l +1 Lo N LU ir f � 1 s� l: r r 1� Eue3 �,*•� A 1 S ` s Il.ry � Y ] 1 ' • \ to ,i � n_c kc, r � jT .. sn � r q ; } 4/4 J{ � l � f . � � . . � \ . > � � \ . + + / � G = y . . « �� . C\ \ � y ) v . P! ] . .�R � %.| Tv ! }! , - ~ ` \ | G4 ! ! . . .,. . - . � w . . \ y APPLICATION rOR :aN EN"v1R0 •'TALRES^LInCE f' ' GFNER -L LICENSE 0 0 °[ease eeuest to: Apnitcation Fee: S send r • Ld Environmental Protection Department(EPD) Make Chef:yava6'�-ta: I Brcward County Board of Biological Resources Division County Commissr�ners ty 318 SW First Avenue p Fort uuderdala.Florida 33301 The submittal of the following information wit the application w1.'help ensure timely'pro:°asiog and !s newssar for staff to effectively evaluate each proaosed project p:as one co.y ;or EFD The correct number of plans}'ou u;Il n"A camped, • A copy of a property survey clearly depicting the existiag conditions- Please he sure all over water strur~eres are clearly labeled with the dimensions. Photographs of existing condi!:ons, if possible(to by EI'D); be kept • A location; street map with the project site identified; • Proof of ownership or sufficient interest in the project property; Plan e�ew and cross-sectional drawings showing the proposed project to include. - ao--uate dimension cf leno h and width for all structures ever water (seawall cap,docks,boardwalks, boatlifu,floating docks, etc) -the Mean Aigh A,attrLevel(NfIM,Mean Low Water and substrate elevation (referenced to NG%D or Mean Sea Level) - the height of the proposed dock above 1AHW - name and width of water body - presence of any wetland or benthic(seagrasses, oysters, etc) commumttes; If maintenance dredgng is proposed, please provide: - documentation of origna) dredged depth - plan view of dredging location, with approximate dimensions - cross-sectional drawings depicting historical, exiscng and proposed condiiiom with elevations labeled. - amount of material to be removed(in cubic 3ards'1; and, If the proposed project will be wnstmc.ed on propcM'owned by a homeowners or condomsnium assoaatton, a letter from the association approving the project is required- -� 1. Authorized Agent. 61,,. ll ' Street: r' � .r\ 4 �� Slate: � �'�Zip: _ Citv�: F )9?Q' - Telephone: _ (::.6kq �l LL)- 173 Email: �.Fr'Fk'q i'-HWk ef` 2. Property ownerNarne: �'� 1/l' Street: G V4 v" eA State: f` Zip: 3 y d0 � City': Fax: q - ®A 7- 4c ,L G v Te:ephcne: _ 9 SX 9 a.4' 2 t/e' Location of proposed work: v� Folio # (if known): Street: �� N� �h riVPJ'l1w[— _ State: <-rL Zip: 3-3O�'�' City: ' 4. Description of proposed work (check at! :.pp!:ccb[e iterr.-1 $ecriort 21 -336(a)(1)- j tional docks,provided that no additiorial wate (a)The repair or repla r�ment of existing funcrward fill is used and the new or repaired dock .s not enlaTzeJ o'v'ond a tots �f 5p0 gyuare feet ever-Water surface area for the new and exlstin9 Structure. PPLICITIONFOP.AVEkXMO:r .ENT.A.LRESOURCEGENERti'-LLICENSE ( ;b) The repair, maintenance. or restoration of existing functional seawalls no more than one foot •wa:eraard of[heir • ortoin� authorced lo_ation. (c) The relomtion within an already approved right-of-way, repair or maintenance of existing utility transmission or distribution]fines and associated adjacent faciti:is req'.:::ed to effect:he ( ) (d)New lake or pond excavation of less than 2 aces,but equal to or greater than 1 acre,that are not connected with and Jo not exchange•water with any other surfa:e water body of wetland, except by means of a permitted overflow structure. I ] (e) The instal:anon of private, nonco=ercal docks of 500 square feet or less over water suriace area, where no dredging or fCLng is required except to instal] the pilings. D (�Prol acts•.vhtch are within isolated wetlands or lakes ancL'or oth,P.rwise,in the opinion of EP ,w,1l not >ien i=ianth decade the em ironment(bcadifts, mr,nri.^.g p lings, etc.) Proposed or existing rock quarry excavations (Please see Section 27-336(a)(.)for additional inforruction) ( ] (h)The cnnscucti=n,repair,maintenance or operation of any permitted storm water controlltreatment structure when not exempt purcuant to 62-340.700 F.A.C. as amended. f ] ;i)The one time dredp ng of ZO cubic}'ands or iess of sediment from isolated lakes or ponds and residential canals,with no seagrasces within the project site, where the sediment is removed from the waterway and deposited on a self- contained upland site. ( ] (j)The instalation of natural ]:mercck rip-rap at the watert;ard face of an existirv,vtrticai bulkhead provided that the rip-rap is clean and free of debris, that no seagrasses are covered by the rip-rap, that no dredging or other Pi ing s conducted and that the rip-rap is p'.aced at a slope no steeper that 2H.1V and that no interference to other riparian property rights or na%gauon tic:urs. ( ] (k) The repair or replacement of existing functional headwalls, pipes, culverts provided that they are otherwise in compliance with the code and are in artificially created waterways which discharge water for stormwater run off. The pipes must be replaced in the original size and confrgwatien and all elevations must be the same as the pre-replacement condition. All water quality protection features must be utilized and the rerouting of water bodies is not author¢ed by this General License except by pumps, pipes or cofferdams. Wetland areas may NOT be impacted by the activity- (1)The installation of utility or transmission lines laid on or embedded in the substrate provided that no dredging or filling is recurred and that no se-agrasses or significant benthic communities kill be affected by the activity. (m; Existing =mtreal Rock Qram' Exca%ations (p!ease see Section, 27-336(o)(]) for additional inf ormc lion) Section 27-336(a)(2) The emergency repair,replacement or maintenance of existing utility transmLsSIDn or di5tTibution'ines,provided that the oumer of the damae_ed facility or the owner's agent provides verbal notice to the county of the condition,its location and expected length of time re;uired for the repair, replacement or maintenance activities. Section 27-336(a)(3) [ ] FLORIDA DEPARTMENT OF TRANSPORTATION -minor works within FDOT rights of way See Section 27-336(a)(.=1 for additional guidelines. APPLICATION FOR.AN ENVIRONMENTAL RESO-URCE GENTERAL LICENSE Mangrove alteration and certain types of trimming activities require an Euvironmental Resource License pursuant to Sec-27-332 of the Broward County Code and Section 403.9321 Florida Statute. The General License does not authorize any mangrove alteration activities. Are th ma ngroves angroves en-site? yes [ J NO � Will this work require mangrove alteration or trimming? yes [ ] No [ 6. Ase there any natural aquatic or submerged resources in the construction area Yes [ ] No NI Natural aquatic resources includes seagrasses, oysters, etc. Per Section 27 58(b)(9), "The licensee, by acceptance of this license, specifically ag ees to allow access and licensed source, activitv, or facility at times to SPD personnel for the purposes of shall allow access to the inspection and testing to determine compliance with this license and this chapter." Signature f ProPertY n`x'ner e5 `� Date Sign .ure of Agent Weflands Resources Approval Date Rev: 12/13/04 C1Documencc and Settingv\LsunderlandW CENSES\General doe - MYAIn:M.'NB:9llF�llG LDAPMR f.9:Pl� / UaRl-xf MlY e �csut�°Yeei7 or Pe�Rc ° ers M �fe�t �oo� z2o, mesa ate, a.e — io 19 (1c L e/r me muvrsov uvs). i$ ' ACRCALE FI I r I r�Qx ' V Ipk ' � ' � ♦� I Rv I W — m 5 'All •r••••r _ _�� 1 ' i . Le9a/Desciio6on F -- ` �L Y mC 11 i dWOnof ggg� - w.�m�mtirwr�- _ Vn�4 I ' r pnw ' / G I 10 L 6xx* ll4�Dw.rs hMt.vs .Y ' ' S� 5 1� 1� i i � ix ✓rw. rm.�e m.M w — I ig4 i Eb � Iri �' r I � _ -- ICI (ii ,* ;e"ew` � ' � _�•_•�='�. ,.� r NBG sYYL .ffi70 l J a llGN r� .r_m-�ir�ry f..0 rr u r--• — M1A✓GMR'f)JG'�ING�MIAM' G�i��NJrS __ -12 —17 �� ----- l ,GL Z6i � .,LIE5,68 f� W z � • ��r✓e;a 3,vn:ones � ' � c 9 Y c 767d3,0 Z O.LY'J V6T a � a CL Q � a _I w m a �II O O I` h e g U 0 t�aa I 1 ] vNdS ✓ 17 ✓Ad5v �a - N y d� Imo• � _ c _ ',...ri_ , !. _..- - -.—L-=._ r__—_-� u- ��II � . Ve� - � \( ( (t � �\ . . � . � • �� 2\ « \_ � ~` & ` � } � ƒ ! � � �\ . . � t± � x }\ [� � \} i\ }\ }\ �} y }\ � . . \ � !` ` a \� �; � w! � \} � 7 � \ ® \ m / ? ` ; ® � l , \ \ (( \ \ \ & . / # . � \ � o r. AF 1G Iz c ENVIRONMENTAL PRONCTiON � -P".FT r=rdT—Bwl poi a, r,n .� ';aion rn n ro r.dor ,s n c South Ana m>A Flor�.a .._ 35 .. 2_,u•YLX y a ;1y is J 1ammy 6, 2006 Mac McLaughlin BmwwA NPArin in. 750 NE 70 avenue Dania Brach, F— 3 004 Re: Braward Tilarine1750 N-K 7" A veutie EPD General License Now GL-f A 05I2029 Dear nvir AIcLaughiA IIi; letter is to inform you that:our request for a C onerA LAcon we hav beenGL- DAN0512029 authanDn [he Ashlba n ohm!tm! 1 000mys SO 00 NE. 7 'a Venue, in the City otDania Beach. Enclosed please Ad a description en' dm hg of the prmo ed adi, t as dated January 6. aA6 by ehe Department. A copy of rite heense must be on-sko during the performance of autrn m zeal a.,rrmen IN, license does not cons6rute, a waiver or approval of any other license.. approval. or regulatory raq ,u anent by <> This license does not eo ny e to the ccensee or crea'e in Ie this or Sit}' otter agency that may-be required trod- _ g Keen-e any proper,right,or any interest in re..] property, nor does- h authorize any enHunca upon UT MOOS on property which is not o%vned or ecnLulled by the c see A person evhose substanfial interests are affected by the Deptutmenrs action may petition for an a:mii:isn-at,t review under Section 2TI S of the Brovard Counly Code of Ordinances. The petition :east enntoo i the :nforaaarkn described in 27-1 S(f) and shall be filed v<uhin ton (10) days of the Fnal agency action. if)on have any questions, please contact me at(95d) SJ 9A 2228, Sinceral,y, Kent Edwards, 1vinnagn r Wetlands/Uplands Resource_ Section enclosures cc: Gleam Straub_Pahn Peach NO I iddir;gs. Ino. Steve Ganoe, G & G Marine, Inc. Lary Zink, Esq., Zink, Zink &Zinl,. Co_, L.P.A. Glenn Smith, Esq., Ruden NhGosky Allan R. Kelley', Eaq., Fowler white Bunten, P.A. Steve I ilbrook, Esq., Shous € Bowed,LLP George I. Platt, Esq., Shutts & Bowen, LLP Michael Owens, 13rov,•ard County Atiomey's O_itcc Brov:ard County Board of CounlyCom:rassPORers -a h,s Eggelleiicn,Jr -Ban"ra0er Sue Gu zt rgei ✓.nsLn G. 0.3 Ole: _ebaonan-Jam E. RAW.m.Jr-In,Smr.-Diana' nw'n M% -01 AQMe WVNJbmwaw O,g • r M :c Mac McL,vgn �r .�; �i oh.f:nr�or arz r ,r;ne.com nf: Tl-,u r scat', a r vale . 10v3 3 4 1 r �` To: Ktah'czyK J'dlie s,lbieet: Brcviard Marine PepaPr Pe,n-il I-fi June, 7PUisuant to yrour previous n.afl, atlnched ' tj'a p'o'c•ct dp_scrlpt On of f2(i f5 t0 'raj-a __ tn3 5"0 n"-R,rJ >'_B. YrgleCt✓escrptfo,n Au unauthorized structures, both p,7ings and docks, ei.her have been or will try removed from the project area, This License only authorizes the installaboo of pilings aul alwninrim rampslToahng docks, as shown on the a*ached draining, to create 10 boat slips for moon.'ng. From norh to south; the smretures st.,aP be as follows; (4) 5 x .i 3.5'aluminum rarnp and hvo 24"steel pihugs, one located approximately 65 and one 135'`rom the bulkhead. (2) 5'Y. 20'aluminum ramp and two 2a"steel pilings, one Iccated app!,.vr;atety o5'and one 1-35' from lire bulkhead. (3) 5'x 18'aluminum ramp and two 24'steel Airings one located approximately 75'a^d one 150' from the bulkhead. (4) 5'x 15'aluminum tamp and two 24"steel pilings, one located approximately 75' and one 150' from re bulkhaad. (5) 5'x 'S'almninum ramp and Y,o 24"sC&�-1 pilings, one located approximately 35'and one 75'from the bulkhead. This is all as indicated en ?he sealed drawings submitted by rvici_nughlin Engineering. Should°you need anything else, please advise. Mac R. C. "Mac" McLa.u�,Llm Chief RnancfalOfficer Broward Marine 750 NE 7th Avenue ' = — Dania Beach.11 33G04 - P: 954.925,8 H 9 x L24 { P y54927,4230 r JI F ' t V BROWARD MARINE January 9, 2006 VIA HAND DELIVERY Mr. Laurence Leeds. AICP Director City of Dania Beach Department of Connnunity Development 100 West Dania Beach Blvd, Dania Beach, FL 33004 RE: Broward Marine Docks Dear ? r. Lees. Pursuant to our phone conversation of last week I have enclosed two original sets of dock Plans, stamped by Broward County Environmental Protection Department ("DPEP"). I have also enclosed a drawing, for discussion purposes only, which I believe will aid in clearly understanding the limited scope of this project. On or about March 8, 2005 Broward Marine purchased all of the assets of Broward Yachts, Inc. (a non-related company). At the time of the purchase there were five (5) floating "forger pier" docks. These are the docks shown on the surveys. As at result of Hurricane Wilma four (4) of the piers no longer exist, and the fifth has been greatly reduced in size. This fifth dock will be removed in its entirety as part of the emergency repair permit. In order to expedite the emergency repairs permit process and also to address the extensive concerns of DPEP, Broward Marine has agreed to the installation of only ten (10) 24" inch diameter steel pilings, as indicated on the drawings, and some small ancillary ramps and walkways, as described in attached DPEP letter. There will be NO major dock construction at this time. We will proceed to permit, in due course and at a later date, our final dock configuration. This present application is only for emergency repairs to make our boat basin useable. All of work shown on the attached drawings will be in the Broward Marine boat basin adjacent to the Dania Cut Off Canal. The submerged lands are privately owned and not state owned. Nothing is being done in the Dania Cut Off Canal or on state owned submerged lands. Built in America. Admired around the world since 1948. • 750 NE 7th Avenue, Dama Beach, Ft, 32004 www trowardmarme.Corn Phone.954.925.8178•Fax 954.927,4200 lim a i vb % --lL IT L1:'71 e a ,,zIln J�l' attaches drau im, for start I .n Cw and I I I;,",J Lo caeca c this Pci n[It ep!'!i(-Ll i,�I I eview i:FoCeS5. ;c)u :or jvllr ccmntiinL ino n-:pcTa ion mancr. S]P.CCiC1 V. B RO'A'ARD - MARINE McLaughI'm Chief Pnancial Officer 954.925.S1 18 ext. 124 Fnc -4EHS�R.2�'G E Alt^^ rGR T T- RD'rRRD CCi :iTY BEFCR� ._ e i NRO?'ECTi(DN DEPA2 ENT ?�h4ItiTSTR2TIVE R.nVIl3't6r]30: OS-OZ BP-O�VP.P.B YP-Gift S, �C, Pettioner, V, BROWA20 COUNTY EN-vO N7,�El7AL PROTECT[ON DEPi'TTMENIT, Respondetrt, i F7vAL ORDER i This matter came before tho Hearing E'xsm- ner on March 30, 200G, at the Government Center Rest location on Broward Yacht's Inc.'s ("Yachts') Petition for Review of an s—.Mir strati-e decision denying a License and permit eplrli ti to maintain several docks in an easement waterway abutting property owned by Palm Beach • Polo Holdvng9, Inc. ("PB Holdings"). .kt the hearing, the Environmental Protection Department was represented by Michael Owens, Esquire. who presented the t:stimnny of ?ulie. Krawezyk,Natival Resource Specialist IT. The Petitioner was repregenird by La_Pt-f Zink, Esquire, who presented the testimony of Glenn Stratibb, the Presidett of Palm Beech Holdings, Inc, Also in attendance at the hearing was Steven Ganoe,President of G&G Marine,Inc. ("G&G")' ' In the odmin!strnt!ve process, GHQ, by way era letter frorn its lawyers, objected to pcnniding the docks to remain-Notice of toe hoaxing was published in the San-Sentinel on March 18,2006 and Minch 26,2006, and on March 14, 2006, counsel for the Petitioner diligently attached the notice of haaring and sent it to G&G's attom^ys, by e-mail. Genoe presumptively appcsrod at the hearing because he received notice through one of these cha.ncls. However, G&G npparen`.ly mado a metieal decision not u, have Ganon testify or;o support ib objections with evidence.Thls essentially left the EPD and its fine counsel with no evidence to support G&G's objections other than the hearsay evidence contained in G&.G's ITwyas' I ''R1D1N�S �:rACT 1 The perti wntfacts sUrroundiug this proceeding are largely undisput-d. I)r. ifiz}' 5, 2002, the Bmward County Env ronmen l Protection Department (` Put"). issued Wa;ung 1Jotice No: WRUN102-0125, to Yachts, a then tenant on the property, and PB Holdings, idle owner of-he ptepetty, ur consu sting doely and n to irg pi n; zi 750 I h'E 7°' Avenue in the City of Dana Bcaon, whrDvt first obt�g en Fhviron «u a Resource License. As corrective actioa for the alleged violation, the warring notice required that Yachts and P3 Holdings apply for an after-the-fact liceme to maintain the docks and pilings. Yachts submitted applications {or Ervironmcritil Resour—ce License No: Ur03- 112I end Eaviroranental Permit Application No: 06-0194396-001 to enable it to maintain I multiple docks in the easement waterway. The Petitioner offered into cvideoee photographs of the easement waterway showing That the docks have been in shibstantially • the same area size-- January of 1985. WThile the P.PD axgued that the docks were facing slightly different angles in the photographs and that there was perhaps some discrepancy in the application subnitted by Petitioner, the bottom line is that these docks in some shape or form have existed in this aria for over twenty one years and have been used for substantially the same purpose for those years. In the admiristracive review process, only G&G and the Part Everglades Pilots' Association lodged objections to the docks, but the Pilots' Association tiv.thdrew its objection when the Petitioner agreed to remove a proposed 6e floating dock from its letters.Although hearsay evidence is admissiblo in an administrative hearing to coiroborau or explain ether evidence, it may not bo used to aapport a finding nut otherwise supported by oompetDut subsmi[ial evldoaee, Spier v Metropolitan Dade County,458 So.2d 792 (Fla.3d DCA 19E4);Pasco amity School Bd.v Florida Pub Employe f Reladons Comm'n 353 So.2d 108 (F;a tat DCA 1977. 2 application. The criteria to be used in de�Mliaing whether a "eense should be hunted e fo mct ii Section 27-337 of the $rpvJard County Code. I1ue o�y relevant ,'candRrd to t$is pro_eedin- fo»d in that Section is Subsection (a)(1); whether the docks will adversely affect public safety or wcnre or the property of others. No evldenca was presented dwt the dc,.Acs, which been iri existence at the location since 1485, have ever caused an accident or ttsat they Ltr-pede G&G's reasonable use of thF: ansemeat. Moreover, wlri e t_he EPD doss ha-vie the right to regulate these docks and the navigable water upon which the docks rest, the ea?-mtat area is not ganerally traveled by the public and mare Or less serves as an entrance in only two businesses, G&G and that of the i pcdtioner, CONCLUSIONS OF LAF The Hearing Bxaminer Ends that no substantial competerS e ,idence was presented that would support or waaant the denial of the license and peanut sought by the Petitioner to maintain its existing docks. The administrative decisioa denying the • licertsa/permit to maintain the docks is quashed and the ularter is remanded to the EPD to rule appropriate action in accordance with the terns of this Final Order. Done and Ordered, on June 5, 20005 , NLARK GOLDSTEIN HEARING EXAM714ER Copies to: Michael Owens, Esq. Larry Zinc,, Esq. 3 • COUNTY ENVIRONMENTAL PROTECTION DEPAR i MEi.:—5iologi; l Resources Division Maiiinp Adjrass: 1 Nor! Universiy Drive, S,:cL 301,.=.i=-ntat-ion,FL;ida 33324 954-519-1230•FAX S-54-519-1412 NOTICE OF INTENT TO ISSUE ENVLRONIvIENTAL RESOURCE PERINITI' &LICENSE In the Matter of an Application for Permit and Water Quahly Certification by APPLICANT: Palm Beach Polo Holdings, Inc. I L199 Polo Club Road Wellington, FL 33414 PROTECT: Broward Yachts Marine Facility Permit No. 06-0 1 943 8 6-00 1 License No. DF03-1 121 Broward County The Broward County Environmental Protection Department (EPD) gives notice of its intent to issue an Environmental Resource Permit and License under the authority of Part IV of Chapter 373, F.S., Title 62, Florida Administrative Code(F.A.C.),and Chapter 27,Article XI Sec. 27-331 through 27-341 ofthe Broward County Code-A draft copy ofthe permit is attached. Issuance ofthe Environmental Resource Permit constitutes cerrfication of compliance with state water qual ity standards oulsuant to section 401 of the Clean Water Act,33 • U.S.C. 1341. Where applicable, issuance of the Environmental Resource Permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. 1- DESCRIPTION OF THE PROPOSED ACTIVITY The proposed project is to construct five(5) floating forger piers in an existing privately-owned marina basin. From north to south, the finger piers shall have the following sizes:(1)7-5-foot-wide by 128-foot long L-shaped pier with a 4-foot-wide by 12-foot-long aluminum ramp;(2)7.5-foot-wide by 128-f0ot-long pier with a 4-foot- wide by 12-foot-long aluminum ramp; (3) 7.5-foot-wide by 128-foot-long pier with a 4-foot-wide by 12-foot- long aluminum ramp; (4) 7-5-foot-wide by 144-foot-long pier with a 4-foot-wide by 12-foot-long aluminum ramp; and(5)7.5-foot-wide by 192-foot-long pier with a4-Foot-wide by 18-foot-long L-shaped aluminum ramp. Finger piers one (1) through four(4)shall be placed at an approximate 45 degree angle, in a southeasterly direction,from the existing seawalL Finger pier five (5) shall be placed immediately parallel to the existing seawall. The total over-water area of the structures shall be 8,544 square feet In addition, three (3) cluster pilings shall be installed at the terminal end of finger piers one())through(4). The project shall not result in a net increase in the number Of boat slips (10 dry slips, 15 wet slips). ACTIVITY LOCATION: The activity is located at 750 NE 7`h Avenue (Folio No, 504235170010) and the Dania Cut-off Canal, in the Broward County Board of County Commissioners Josephus EggulleuDr-Jr.•Ben Grsber•Sue Gunzburger-KRsU a Jacobs•Ilene Uebennan-John E Rodslmm.Jr.-Jim Swv•Diana Wasserman-Rubin•Lols Wexler • V"4 .broward_org ermittee/LicerLsee: Palm Beach Peio Holdings, ?oc. Permit No_ 05-0 94396-001 License No. Dr03-1121 Page Z of 7 City cfDar-,ia Beach, Class LU Waters, Section 35 Township 50 South Rang- 42 East. H. AUTHORITY FOR REVIEW Pursuant to operating agreements executed between the Florida Department of Environmental Protection, the Broward County Environmental Protection Departnentand the South Florida Water Management Distiic' ac outined in a document entitled "Delegation Agreement Among the Florida Department of Environmental Protection, the South Florida Water Management Dist-ic% and Broward County", EPD is responsible for reviewing and taking final agency action on this activity. III. BACKGROUND AND BASIS FOR ISSUANCE On May 5, 2002, the Department issued Warming Notice No. WRN02-0125 for constructing docks and installing pilings at this site, without a valid license. As corrective action for the violation, the Department requested that the property owner apply for and obtain an Environmental Resource License and Permit for the docks. On April 26,2002,the Department received an application for the structures. During the processing of the application, several letters of objection to the project were received- On May 6, 2002, the De t partmen received a letter from the Port Everglades Harbor Pilots'Association which objected to the Pilings and finger pier along he Dania Cut which were subsequently removed from the project. On August 14,2003, G& G Marine,Inc. provided a copy of a Cross-Use Easement for Ingress and Egress, which provided a basis for their objection that the proposed project would hinder safe navigation. A formal letter of objection was submitted by G&G Marine, Inc. on November 7, 2003. Tn letters dated September 29,2003,December 16,2003,July 22,2004, and January 6,2005,the Department •requested additional information which was necessary to evaluate the elJacts the proposed project could have on regulated waters of the County. Specifically, the Department requested reasonable assurance that the proposed docks will not negatively affect navigation and safety, nor violate the Cross-Use Easement for Ingress and Egress recorded in the Official Records Book 24904,Page 165,of the Public Records ofBroward Coue nty. Th Department granted several extensions to allow the applicant to provide the requested information. On January 31, 2005, the application was denied, pursuant to Section 27-55(d)(4), for failure to submit the requested information. On February 7,2005,the Department received a Petition for Review of Final Administrative Determination in response to the denial. On March, 11, 2005, the Department sent a letter to the applicant that the deaial had been upheld by the Department Director. On March 30,2006,an Administrative Review Hearing was held to determine if the Department was warranted in denying the license and permit applications, in a Final Order, dated June 5, 2006, the Hearing Examiner stated that no substantial competent evidence was present which supported the denial of the license and permit applications. Therefore,the administrative decision to deny the license and permit applications was quashed and the matter was remanded to the Department to take appropriate final action. Based on the above, along with the general and specific conditions of the draft permit, the applicant has provided reasonable assurance that the construction and operation of the activity, conside ing the direct, • Pe:>�itteenLicevsae: Patin Beach Polo Floldires. Inc. Permit No. 06-0'94306-001 License No.DF03-1121 Page 3 of 7 secondary, and cumulative impacts; will comply with the previsions afPart 1VofChapter373, F.S., and the • rules adopted thereunder, including the Conditions for lssuance or Additional Conditions for L�sr of as environmental resource permit,pursuant to Part IV of Chapter 373, F.S.,Chapters 62-330, and Sections 40E- 4.301 and 40E-4.302,F.A-C.This project meets the presumptive water quality criteria of the SFW1vID's Basis of Review. The construction and operation of this facility should therefore not result in violations of water quality standards. The applicant has also demonstrated that the construction of the activity, including a consideration of the direct,secondary,and cumulative impacts, is not contrary to the public interest,pursuant to paragraph 373,414(I)(a),F.S. W. PUBLICATION OF NOTICE The Broward County Environmental Protection Department has determined that the proposed activity,because of its size,potential effect on the environment or the public,controversial nature,or location,is likely to have a heightened public concern or likelihood of request for administrative proceedings.Under section 403.815 of the Florida Statutes and rule 62-103.150 of the Florida Administrative Code,you(the applicant)are required to publish at your own expense the enclosed Notice of Intent to Issue Permit The notice must be published one time only within 30 days in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" mearxs publication in a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes, in the county where the activity is to take place.Wltcre there is more than one newspaper of general circulation in the county,the newspaper used should be one with significant circulation in the area that may be affected bytbe permit Lfyou are uncertain that a newspaper meets these requirements,please contact the EPD atthe address or telephone number listed below. The applicant muq provide proof of publication to: • Broward County Environmental Protection Department Biological Resources Division 1 North University Drive, Suite 301 Plantation, FL 33204 The proof of publication shall be provided to the above address within 7 days of publication. Failure to publish the notice and provide proof of publication within the allotted time shall be grounds for denial of the permit. V. RIGHTS OF AFFECTED PARTIES Under this intent to issue, the permit,No: 06-0194386-001 and license, No. DDF03-1121, is hereby granted subject to the applicant's compliance with any requirement in this intent to publish notice of this intent in a newspaper of general circulation and to provide proof of such publication in accordance with section 50.051 of the Florida Statutes. This action is final and effective on the date filed unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to issue automatically becomes only proposed agency action on the application subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order ofBroward County. When proof of publication is provided if required by this intent,and if sufficient petition is not timely filed, the permit,No. 06-0 1 943 8 6-00 1, and license, No. DF03-1121, will be !"CIlLLLL1GC.'LICCIUCC.l aLLLL ✓Guru . VlV!_VPICIL'S, :L]f,. Perm itNo. 06-CM9439J'JOI License No. DF03-1121 Page 4 of 7 enc�tiEd. BECai'�P.an edmPniit4,eilF'cliearrng relay�a!111 IL]the�a'ersal Cr SnbStaP.Cral mOn[f]Caiitln Of uit5 a:hon, the applicant is advised not to commence construction or other activities until the deadlines noted below for • filing a petition for an administrative hearing or request for ail extension of time have expired and until the permit,No: 06-0 1 943 8"01, has been executed and delivered. A person whose substantial interests are affected by Broward County Environmental Protection Department (EPD) action regarding permit No: 06-0194396-001 may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Enforcement Administration at 1 N. University Drive, Suite 307, Plantation, FL 33324. Mediation may also he pursued as =_pecified below. Underrule 62-110.106(4)of the Florida Administrative Code,a person whose substantial interests are affected by EPD action may also request an extension oftime to file a petition for an administrative hearing. EPD may, for good cause shown,grant the request for as extension of time. Requests for extension of time must be filed with the Enforcement Administration at 1 N. University Drive, Suite 307, Plantation, FL 33324, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, EPD may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106205 of the Florida Administrative Code. In accordance with rules 28-106.111(2)and 62-I10.106(3)(a)(4),petitions for an administrative hearing by the • applicant must befi7ed within 21 days of receipt ofthiswrittennotice. Petitions filed by any persons other than the applicant- and other than those entitled to written notice under section 120.60(3) of the Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs fast Under section 120.60(3) of the Florida Statutes,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt ofsuch notice,regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing or pursue mediation as provided below within the appropriate time period shall constitute a waiver of those rights. A petition that disputes the material facts on which EPD's action is based must contain the following information: (a) The time and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, and telephone number of the petitioner;the name,address, and telephone number of the petitioner's representative, if any,which shall be the address for service purposes during the course orthe proceeding;and an explanation of how the petitioner's substantial interests are or will • t'ennjtwc,l-iceasee: t'a;m beacm MO ttoiemgs, Oc. Fe-,;t Na OS-01=4386-'I3: L lceose No. DF03-1121 Page 5 of 7 be affected J the agency detemmi,=ion; (c) A statement of when and Sow the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts thatthe petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the reliefsought by the petitioner,stating precisely the actionthat the petitioner wishes the agency to take with tesoect to the agency's proposed action. A petition that does not dispute the material facts on which EPD's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301. Under sections 120.569(2xc) and (d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does notsubstantially comply with the above requirements or is untimely filed- A person whose substantial interests are affected by the Department's action regarding License No.DF03-1121 • may petition for an administrative review under Section 27-14 of the Broward County Code of Ordinances. The petition must contain the information described in 27-14(f) and shall be filed within ten (10) days of the decision made by the director. In addition to petitioning for an administrative hearing, any person who has previously filed a petition for an administrative hearing may pursue mediation- If a written mediation agreement with all parties to the proceeding(i.e.,the applicant,EPD,and any person who has filed a timely and sufficient petition for a hearing) is filed with EPD within 10 days after the deadline for filing a petition for an administrative heating,the time limitations imposed by sections 120.569 and 120.57 shall be tolled to allow mediation to proceed. The agreement must contain all the information required by rule 28-106.404. The agreement must be received by the Enforcement Administration at IN.University Drive,Suite 307,Plantation,FL 33324. Pursuing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. Unless otherwise agreed by the parties,the mediation must be concluded within sixty days ofthe execution of the agreement. If mediation results in settlement of the administrative dispute,EPD must enter a final order incorporating the agreement of the parties. As noted above, persons seeking to protect their substantial interests that would be affected by such a final decision modified through mediation must file their petitions within 21 days of receipt or publication of this notice as provided above, or they shall be deemed to have waived their right to a proceeding under sections 120.569 and 120.57. If mediation terminates without settlement of the dispute,EPD shall notify all parties in writing that the administrative hearing processes under sections 120.569 • cermitNoL06-G!s'43E6-1D'=it_..... . v,J „�,u •`. License No. DF03-1121 Page 6 of 7 and 120.57 remain available for disposition of the dispue,and the notice will specify the deadlines that 'tnen will apply for challenging the agency action and electing remedies under those,wo statutes. • This intent to issue a permit,No: 06-0194386-001, and license,No. DF03-1121 constitutes an order of EPD. Subjectto the previsions of paragraph 120.68(7)(a)ofthe Florida Statutes,which mayreouire a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the fling of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Enforcement Administration at 1 N.University Drive, Suite 307,Plantation,FL 33324;and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal- The notice of appeal must be filed within 30 d_ays corn the date when:he order is fled. T'he applicant, or any paiy within the meaning of section 373.114(1 xa) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicalory Commission under section 373.114(1)or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on EPD within 20 days from the date when the order is filed. Executed in Broward County,Florida Broward County Environmental Protection Department Y Eric Myers 7 Date Director Biological Resources Division Broward County EPD • Copies furnished to: Larry A. Zink,Esq., Zink, Zink&Zink,Co-, L.P.A. Stephen K.Tilbmok, Esq., Shutts & Bowen, L.LP Mac McLaughlin,Broward Marine, Inc. Allen R. Kelley, Esq., Fowler White Burnett, P.A. Michael Garcia, Esq., Fowler White Burnett, P.A. Glean N. Smith, Esq., Ruden McCloskey, Smith, Schuster&Russell, P.A. Steven Ganoe, G&G Marine,Inc. Captain Janes J. Ryan, Port Everglades Pilots' Association Michael Owens, Assistant County Attorney Tom AnsbrD, City Attorney, City of Dania Beach Meredith Brannon, EPD Shelly Carter,U. S. Army Corps of Engineers, Miami Florida Department of Environmental Protection, West Palm Beach • YermlCee Ucesee: VaIM f'i_2G:1 "r.0 906_��_s, `_mac Pe.—i'No. :6-01943E6-GB I License No.DF03-1 l21 Yaae 7 of 7 CF_R i CATE OF SERVICE The undersigned hereby c«i�es that this permit, including all copies, were mailed to the above listed persons before the close ofbusiness on � �� . 2006. Feting and Acknowledgment FII.17�D, on uila un"c, receipt of which is hereby aLkzrowledged. /' Dale /O a Z Prepared by Julie Krawczy1<, Natural Resource Specialist Il • L.I Ga�R V 7f Ai lL./ C(0l N T Y, IJJiROIJtrtE,NTAL PRO'ECTION DEPArt ifAEtJT—Biologica:Resources D.v:sion <-m Andress: 1 North UnivaSity Dn:e.. Suie Kl P an ation, Florida 33324 fJ` 54-n;9-1233-FAX 454-5.9-1412 ENVIROMNIENT AL RESOURCE PERNTIT, and • BROWARD COUNTY ENVTROND4ENTAL RESOURCE LICENSE PEP3UTTEEfLICENSEE: Palm Beach Polo Holdings, Inc. 11 199 Polo Club Road Wellington, FL 33414 ERP Permit Number: 06-0194386-001 ERL License Number: DF03-1 IZI Date of Issue: October XX, 2006 Expiration Date of Construction Phase: October XX, 2006 County: Broward Project: Broward Yachts Marine Facility This combined permiv"license is issued under the authority of Part IV of Chapter 373, F.S., and Tide 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the requirement to obtain an Environmental Resource Permit. Pursuant to operating agreements executed among the Department of Environmental Protection, the Broward County Environmental Protection Department(EPD) and the South Florida Rater Management District,as outlined in a document entitled "Delegation Agreement Among the Florida Department ofEnvironn al Protection, the South Florida Water Management District and Broward County', EPD is responsible for reviewing and taking final agency action on this activity. • This perMh/license also constitutes certification compliance with water quality standards under Section 401 of the Clean "later Act, 33 U.S.C. 1344. A copy of this authorization also has been sentto the U.S. Army Corps of Engineers(USACOE) for review. The USACOE may require a separate permit Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other requaed permits and authorizations. This permit/license constitutes a detemunation, pursuant to Section 380.0651(3)(e), F.S., that the facility is located so that it will not contribute to boat traffic in a manner that will adversely impact the manatee. This permit/license also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act The above named permittee!hoensee is hereby authorized to construct the work shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with:Broward County and made a part hereof. This also constitutes a permit/license to operate the system described above, provided the system has been determined to be in conformance with all applicable rules adopted under part IV of Chapter 373, F.S., Browa-d County Board of eounly Commissioners -o,eplus[pgetie•,;on.Jr. tier Gerber•Sue Goozburgw•Kustn n Jacobs•Ilene Lleberman•John E Raislrom,Jr.•Jim Scott•Diana wasse,,,.q Rubin• Lois VVe el www.browani.org • azo Perv[ihee/Zieeasee: Palm Beach Polo lioldirigs, Inc. Perini: No.06-0144-78 -901 Liceuse No. DF03-112 • Page 2ofii including the general and specific conditions of this permitlieen-e/certir"ication'author.zation,as Spec if cally described below. This includes a requirement for the permittee/licensee to request transfer of this perrut'licensee to the operation and maintenance phase as more specifically described irr DEP General Condition 7, below. This perarMicense is subject to the limits, conditious, and locations of work shown in the attached 3 exhibits, and is also subject to the attached 19 DEP General Conditions, II Rrownrd County EPD General Conditions and 20 combined State Environmental Resource Permit and&roward County EPD Specific Conditions which are a binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities,and to ensure the work is conducted in conformance with all the terms,conditions,and drawings. If you are utilizing a contractor,the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities- Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit/license and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit/license, as specifically described below_ ACTMIT-V LOCATION: The activity is located at 750-NE 7i6 Avenue(Folio No. 504235170010) and the Dania Cut-off Canal, in the • City of Dania Beach, Class III Waters, Section 35 Township 50 South Range 42 East PROJECT SITE DESCRIPTION: The site is presently developed as alviarina/Boat Repair Facility. The project site contains no environmentally sensitive wetlands,and no seagrasses or other submerged vegetation or mangroves were observed in the project area during the site inspection. PROPOSED PROJECT DESIGN: The proposed project is to construct five(5)floating finger piers in an existing privately-owned marina basin. From north to south, the finger piers shall have the following sizes: (1) 7.5-foot-wide by 128-foot-long L- shaped pier with a 4-foot-wide by 12-foot-long aluminum ramp;(2)7.5-foot-wide by 128-foot-long pier with a 4-foot-wide by 12-foot-long aluminum ramp;(3) 7.5-foot-wide by 128-foot-long pier with a 4-foot-wide by 12- foot-long aluminum ra:np; (4) 7.5-foot-wide by 144-foot-long pier with a 4-foot-wide by 12-foot-long aluminum ramp; and (5) 7.5-foot-wide by 192-foot-long pier with a 4-foot-wide by 18-foot-long L-shaped aluminum ramp. Finger piers one(1)through four(4)shall be placed at an approximate 45 degree angle, in a southeasterly direction,from the existing seawall. Finger pier five(5)shall be placed immediately parallel to the existing seawall. The total aver-water area of the structures shall be 8,544 square feet In addition,three (3)cluster pilings shall be installed at the terminal end of finger piers one(1)through(4). The project shall not result in a net increase in the number of boat slips (10 dry slips, 15 wet slips). No adverse impacts to water quality or quantity, wetlands or aquatic resources are proposed by this project or • Perm ittee,'Licensee: Palm Bench Polo Holdings, Inc. Permit No.06-0I94396-001 License No. B 03-1121 Page 3 of 11 • authorized herein. DEP GENERAL COIdDMONS: (1) All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit.Any deviation from the permitted activity=ud the conditions for undertaking that activity shall constitute a violation of this permit and Part IV,Chapter 373, F.S. (2) This permitor a copy thereof complete with all conditions,attachments,exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. (3) Activities approved by this permit shalt be conducted in a manner which does pot cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to preventviolation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receivLng waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All • practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual;A Guide to Sound Land and Water Management(Department of Environmental Regulation, 1989), unless a project-specific erosion and sediment control plan is approved as part of the permit Thereafter the permittee shall be responsible for the removal of the barriers.The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. (4) The permittee shall notify the Department of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the pennittee shall submit to the Department an "Environmental Resource Permit Construction Commencement' notice (Form No. 62-343.900(3), F.A.C_) indicating the actual start date and the expected completion date. (S) When the duration ofconstruction will exceed oneyear,the permittee shall submit construction status reports to the Department on an annual basis utilizing an"Annual Status Report Form"(Form No.62- 343.900(4), F.A.C.). Status Report Farms shall be submitted the following June of each year. (6) Within 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other c FQ q PermitteeUce¢see: Palm Beach Palo Huidiegs, Inc. 9 Permit No.06-0I94396-001 LJceIISe No. D 03-112I Page 4 of i l appropriate individual as auttiorized by law,utilizing the supplied "Environmental Resource Pe- nit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally, if deviation from the approved drawirgs are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as"as-built"or"record"drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. (7) The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, has submitted a "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7), F.A-C.); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District - August 1995, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Depamment,the permittee shall initiate traneferofthe permit to the approved • responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d),F.A.C.,the permittee shall be liable for compliance with the terms of the permit (8) Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. (9) For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit,such easementordeed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District- August 1995, prior to lot or unit sales or prior to the completion of the system whichever occurs first Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities, frnaloperation and Perm itteeUceusee: Palm Beach Polo Moldings, Ioc. DRAFT Permit No. 06-0144386-001 License No.DF63-1121= Page 5 of it s na rrtenance documents must be received by the Department when maintenance and operation of the system is accepted by the local goverment entity. Failure to submit the appropriate final documents will result in the permittee ramaini_rg liable for carrying out maintenance and operation of the permitted system and any other permit conditions. (10) Should any other regulatory agency require charges to the permitted system,the permittee shall notify the Department in writing of the changes prior to uTiplerrieriwiion so that a determination can be made whether a permit modification is required. (11) This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right,or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controUed by the permitter,or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E40, F.A.C. (12) The permittee is hereby advised that Section 253.77,F.S.states that a person may not commence any excavation,construction,or other activity involving the use of sovereign or other lands of the state,the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, permit/license, easement, or other form of consent authorizing the proposed use. The,-efore,the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (13) The permittee is advised that the rules of the South Florida Water Management District require the • permittee to a water use permit from the South Florida Water Management District prior to construction dewatering, unless the work qualifies for a general permit pursuant to subsection 40E- 20.302(4), F.A.C.,also known as the "No Notice" rule. (14) The permitter shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration,operation, maintenance,removal, abandonment or use of any system authorized by the permit. (15) Any delineation of the extent of a wetland or ether surface water submitted as part of the permit application,including plans or other supporting documentation,shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2),F.S.,provides otherwise. (16) The permittee shall notify the Department in writing within 30 days of any sale,conveyance, or other transfer of ownership or co:itrol of a permitted -system or the real property on which the permitted system is located. All trartsfcrs of ownership or transfers of a perm it are subject to the requirements of section 62-343.130, F.A.C. The permitter transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale,conveyance or other transfer • Perm irtee/Lice usee: Palm Beach Mo HoEdings, Inc. lz Permit No.0&0194366-UGI License-1 o.-D F(13-I121 • -Par S _Nl of the system. (17) Upon reasonable notice to the permittee,Department authorized staff with proper identifica�lon shall have pe ii fission to enter, Llspeet,sample and test the system to insure conformity with the plans and _specifications approved by the permit ("18) if historical or archaeological artifacts are discovered at any time on the project site,the permittee shall irnrnediately notify the appropriate Depaituttent office. (19) The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. BROWARD COUNTY EPD GENERAL CONDITIONS: (1) The terms,conditions, requirements, limitations and restrictions set forth herein are accepted by the licensee and must be completed by the licensee and are enforceable by the Environmental Protection Department(EPD)pursuant to Chapter 27 of the Broward County Code of Ordinances.The EPD will review this permit(license periodically and may revoke or suspend the license, and initiate administrative and/or judicial action for any violation of the conditions by the licensee, its agen5, employees,servants or representatives. • (2) This license is valid only for the specific uses set forth in the license application and any deviation from the approved uses may constitute grounds for revocation,suspension,and/or enforcement action by the EPD. (3) In the event the licensee is temporarily unable to comply with any of the conditions of the license or with this chapter, the licensee shall notify the EPD within eight(8)hours or as stated in the specific section of this chapter.Within three(3)working days of the event,the licensee shall submit a written report to EPD that describes the incident, its cause,the measures being taken to correct the problem and prevent its reoccurrence, the owners intention regarding the repair, replacement and reconstruction of destroyed facilities and a schedule of events leading toward operation with the license condition. (4) The issuance of this license does not convey any vested rights or exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights, or any violations of federal, state or local laws or regulations. (5) The licensee,by acceptance of this license,specifically agrees to allow access and shall allow access to the licensed source, activity or facility attimes by EPD personnel for the purposes of inspection and testing to determine compliance with this license and Chapter 27 of the Broward County Code of Ordinances. • Permittea/Licensee: Palm aeacb Palo Hoidiugs, 1oc. Permit No. 06-0194386-001 License No.DF03-1121 Page 7 of 11 • (6) This license does not constitute a waiver or approval of any other license, approval, or regulatory requirement by this or any other governmental agency that may be required. (7) Enforcement of the terms and provisions of this license shall be at the reasonable discretion of EPD, and any forbearance on behalf of EPD to exercise its rights hereunder in the eventof any breach by the licensee, shall not be deemed or construed to be a waiver of EPD's rigbts hereunder. (8) This license must be available for inspection on licensee's premises during the entire life of the license. (9) Any new owner or operator of a per.rutted,11icersed facility shall applyby letter for a transferof license within thirty(30)days after sale or legal transfer.The transferor shall remain liable for performance in accordance with the license until the transferee applies for and is granted a transfer of license. The transferee shall be liable for any violation of Chapter 27 that results from the transferee's activities. The transferee shall comply with the transferor's original license conditions when the transferee has failed to obtain its own license. (10) By accepting this license,the licensee understands and agrees that all records,notes,monitoring data and other information relating to the construction or operation of this licensed facility or activity,that are submitted to the EPD,may be used by the EPD as evidence in any enforcement proceed ing arising under Chapter27 of the Broward County Code of Ordinances,exceptwherE such use is prohibited by Section 403.111, Florida Statutes. (11) The licensee agrees to comply with Chapter 27 of the Broward County Code of Ordinances,and shall comply with all provisions of the most current version of this chapter, as amended. ERP and ERL SPECIFIC CONDITIONS: Esceptwhere otherwise noted,conditions apply to both the State Environmental Resource Permit and the Environmental Resource License. (1) The permittee/licensee shall allow authorized personnel of the EPD, municipality or local water control district to conduct such inspections at reasonable hours, as are necessary to determine compliance with the requirements of the permit/license and the approved plans and specifications. (2) The permit-tee/licensee shall prosecute the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality. The permittee/licensee shall institute necessary measures during the construction period, including fill compaction of any fill material placed around newly installed structures,to reduce erosion,turbidity, nutrient loading and sedimentation in the receiving waters. Any erosion, shoaling or deleterious discharges due to permitted/licensed actions will be corrected promptly at no expense to the County. • PerrniCet"Licensee: Palm Bench Polo Holddng.s, Inc. z Permit No.0"194396-041 � L,cause No.-13F03-1121 • Page R of 11 (3) The permittee,licensee shall comply with a!!applicable local land use and subdivision regulations and other local ieq'jirements.In addition, the permittee.Aicensee shall obtain ail necessary Federal, State, local and special district authorizatiosis prior to the start of any construct-ion alteration of woda authorized by`his permit/license. (4) The permittee/licensee shall hold and save the County harmless from any and all damages; claims;or liabilities which may arise by reason of the con5nction,operation.maintenance or use of any faculty authorized by the permit/license. (5) The permit/license does not convey property rights nor any rights or privileges other than those specified therein. (6) No construction authorized by the permit/license shall commence until a responsible entity acceptable to the EPD has been established and has agreed to operate and maintain the efficiency of the system. The entity must be provided with sufficient ownership so that it has control over all water management facilities authorized therein.Upon receipt of written evidence of the satisfaction of this condition,the EPD will issue authorization to commence the construction. (7) if drawings or attachments conflict with the specific conditions of this permit/lice.-ise, the specific conditions will prevail. • (9) All storage or stockpiling oftools or materials(i.e. lumber, pilings, concrete,etc.)shall be limited to uplands or within the impact areas authorized by this permit/license. (9) Post-construction,signed and sealed,as-built drawings shall be submitted to the Department within 30 days of project completion to ensure that all structures were constructed as authorized, over and adjacent to surface waters. (10) No dredging is authorized by this permit/license. (11) No natural resource or water quality impacts are authorized by this permit/kense. Any impacts to regulated wetland or aquatic resources, or mangrove areas must receive prior approval in writing by the Broward County Environmental Protection Department Biological Resources Division. (12) All watercraft associated with the construction and use of the permitted/licensed structures shall only operate within waters of sufficient depth so as to preclude bottom scouring or prop dredging. (13) Turbidity Controls: • & U@ Perm ittee,,'Licensee: Paim Bench Polo Holdiugs, Lmc. Permit No.06-0194396-001 License No.-D f'r3-:u i Page 9 of I 1 • (a) All water bodies which are adjacent to the specific limits of construction authorized by this pcFmit/licease shall be protected from erosion, sedimentation, siltation, scouring, excess turbidity or dewate-ing. (b) Prior to construction and during all operations that may degrade water quality in wares ofthe state, the permittee.licensee shall ensure that turbidity controls are practiced as necessary to prevent violation=_ of the water quality standards outlined in Chapter 62 302, F.A.C. Any turbidity control devices used shall remain in place until turbidity, as measured in Nephelometric Turbidity Units (NTUs), within controlled areas returns to within 29 NTUs above natural background levels. (c) Prior to the initiation of any work authorized by this permit/license,floating turbidity curtains shall be installed at the marina facility. The screens shall be maintained and shall remain in place for the duration of the project construction to ensure that turbidity levels outside the construction area do not exceed 29 NTU's above background levels 50 feet downstream of point of discharge. The permittee/lieensee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order so that there are uo violations of state water quality standards outside of the turbidity screens. (d) The perraitteellicensee shall ensure that turbidity curtains surround all project areas,including all project-associated barges,all active work sites,and any previously worked sites that could continue to emit turbid discharge.The turbidity curtains shall be located within a 50-ft radius of the work site. • (e) If an observable turbidity plume is visible leaving the site,the permittee/Licensee shall: 1. Immediately cease all work contributing to the water quality violation. Operations may not resume until the Department gives authorization to do so. 2. Notify the EPD Biological Resources Division (954) 519-1230 within 24 hours of the time the fast violation is detected. 3. Stabilize all exposed material contributing to the water quality violation. Modify the work procedures that were responsible for the violation, and _nstall more turbidity containment devices and/or repair any non-functioning turbidity containment devices. If required by EPD, a turbidity monitoring program shall be initiated. (14) Liveaboards are prohibited at this facility (15) Fish cleaning stations are prohibited at this facility. • Permittee,'Llcensee: Palm Besch Polo Holdings, Inc _ Permit No. 0"1943E6-001 _ - :ense No.DE03-11<1 • Page 10 of I (16) The set of project drawines, evhibis I Through 3, the 2-page Ma-netee E>:hibit and IIEP forms 62.343.900(3-5)aTc attached to and become part of this permit. (1 7) The permiteeilicensee shall comply with the standard manatee protection construction conditions listed in the attachment,"A Standard Manatee Construction Conditions, reused 2005,for all in-water work. (1 S) b/Looring of vessels with lengths exceeding the length of the permitted structures is prohibited. (19) The permince/licensee shall record a copy of the combined permit/license with the property records. This shall ensure that,ifthe property is sold,the new owner will be aware of the previous violation and current restrictions. The licensee shall forward the Department a copy of the recorded documens within 30 days of permit/license issuance. (20) A person whose substantial interests are affected by the Department's action may petition for an administrative review under Section 27-14 of the Broward County Code of Ordinances. The petition must contain the information described in 27-14(f) and shall be filed within ten (10) days of the decision made by the director. Executed in Broward County, Florida. • Broward County Environmental Protection Department Eric Myers, Director Biological Resources Copies fiunisbed to: Larry A_Zink, Esq,Zink,Zink&Zink-.,Co.,L.P.A. Stephen K Tilbrook,Esq., Shorts&Bowen,L.L.P Mac McLaughlin,Broward Marine,Inc. Allen R.Kelley,Esq., Fowler White Burnett, P.A. Michael Garcia, Esq.,Fowler White Burnett,PA, Glenn N. Smith, Esq.,Ruden McCloskey, Smith, Schuster& Russell, P.A. Steven Ganoe,G&G Marine,Inc. Captain lames J.Ryan,Port Everglades Pilots' Association Michael Owens, Assistant County Attorney Torn Ansbro, City Attomey, City of Dania Beach Meredith Brannon, EPD Shelly Carter, U. S.Army Corps of Engineers,Miami Florida Department of Emiroamenal Protection, West PaL-n Beach • PermitteeUcensee: Palm Beach Polo HDldings, Inc. Permit No. 06-0194396-KH License No.D1703-1122: Page H of11 • e ttachmens: Drawings(3 panes) Manatee Exhibit(2 pages) Standard Manatee Conditions (1 page) 62-343.900 forms(5 pages) CERTIFICATE OF SERVICE The undersigned hereby certifies that this permit, including ali copies were mailed to the above listed persons before the close of business en 2006_ Mng and AcicuoR ledgment FLED, on this date, receipt of which is hereby acknowledged • Date Prepared by: Julie Krawczyk, Natural Resource Specialist 11 • ahoo! 'w1aPs - Dania Beach, FL 330'J,-2502 ADvER P750 Ne 7th Ave Dania Beach. FL 33004-2502 !I 9a•Jlafhorly.roJJ FEELFt i.. _ L]YutJa/afnoU nuJJ. 3, — ' FREE — S(M e ton 4ee"Rd, T cYlat Rd _ _i > P e dm eta Rd •-sK vuE �nfin Rd et Poe tern s, J WITHOUT LOSING �; — s� A T H i N G Ord Griffin Rd 3CYK5ii�1 _a m _ r a m -!- iPoE3 d5t o i 5 Dania 5"Cih A HE'—rid?t C r '2nd 9 NE Ind St .m 3 .� 3 i I r i ric Dzns ,? p ©2039 f`iAVTEQ 'han using any driving dvactmr or ma:. it; a good id=_a to do a reaht-, chn_j and mat= curs h= raad still rists. :'ab_h out fo,cnnstructicn. and r.Uri.: all traffic sa(=b/ precaution=_Thla =only tc be used as Jr, aid In ousEq anning. Need Local information on the go? L a. Simply text a business name and location to 92466 (Yahoo) TrY _3C04- „r carb-I-k- Stn Copyrght®200E Yahool Inc All Fights reserved a/97 SSE' ✓J� maps.yahoo.com/pmaps?name=&ed=.L3q_up_OTgS68hpSDIJA,RIAy_51Ef2.in9pZOUgkL YJ7 .. 10/3/2006 � l rzE EE AF • y � 0 �kpcp � - SB4 SZJPY I /O.Q.V a� \/ tip •Q h A5 333 11 ki o n ' e �tco,poroJv oreRp„Forrlcq RFC r y b _ Cou A. y S7. ICR�ps dpp4 _ ' hAoMnuSTER R.4roR q� WEI FaC! y � CFNn^L�OR/7//JFIGC�FZan ACFG9sCMfM' O�uiF� CUT-a FF C17/1Ft. � - e__- DA/J/E} G"UT-OFF• ' q� . ✓�'l(.� OL^ J1��3 u�' ✓�( aZ N°I 1 alilfflnl ens Snalad wMi an en',bosseO Siuveyois Sear FIELD BOOK No. _ o. R 63BL CIIEC oanw14 e 108 ORDEA N kED BY e • Sy n07-EHIa33NI�JIf3f3Zf'NV.�.�'1 3fsf3nr b[nu ost �p.om o EP }}B 29eCtB(IP.l zri Bwc�lx l�ssl xC6N1aT3,yJJ]f ']xurRLf uw.a.�nro.��.��>•�®w � o 8 Q� fE4EE ld�N01Vif VJ06 "H'xT3G VIMV f,:r—� 3 AVML{91M 31`40 FLLLON I,Ys 3�Y SAL�I K( '> 'g"g o ' Ski33Nl`JN3`JNI1�f15ND� 7a's�uaa�uw wv3v srne � r l �mam m�g m� 41 jY 49 W'Td'OCk)1`MN�B 1NNYt1j DNI SI-HZ)VA l7�MOda i! 'fll!'I i ; ;1{l rlsl ,d it f t Rii �l.j x�\ , a - 1 I '( I' of T••. L--J ' J If IN is uz U �• � 3 I � �I��—�—�—�� IS ili .—� sli iii IF 1 � 2 ~ it O gg 'ill IS STANDARD MAWATEE COfIS r RUCT1f0,: CONDITiCHIS LJO N ¢ 2005 6 1. The permittee shalt/ comply with the folk. ing manatee protection construction condFion=: a. All personnel associated with the project shall be instructed about the prince • of manatees and the need to avoid collisions with and injury to manatees. The permittea shall advise all construction personnel that there are civil and Criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act. the Endanaered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at"No fYakel idle Sp='ed'at ail uTcs'while- in t e con3 Uction area and wh l"c in Rater where the draft of the vessel provides less than a four-foot clearance from the bottom. PJI vessels will follow routes of deep water whenever possible. C. Siltation or turbidity, barriers shall be made of material in which manatees cannot become entangled, shall be properiy secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not block manatee entry to or exit from habitat. d. All construction personnel are responsible for observing water-related activities for the presence of manatea(s). All equipment, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leavina. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904-232-25B0) for north Florida or Vero Beach (1-561-562-3909) for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FVVC) must be used. One sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/20 by 11"explaining the requirements for Idle Speed and the shut down of equipment must be posted in a location prominently visible to water-related construction crews. • I or o n ® s,� E o ® _ LLIN o ® u Cam! f c a✓ ® C N um DIM � _� ® � 0 = ' LLJ � cr far � � � � 00 ® v •N S0 co •® O •� LL- 0 /{1) -= ® W L LL- C (D t L O ul V • turn Pt52-3439Ju��r. FourTue: Cansrmuc;cn i Commancement Notirz Date:Odober 3, 1°95 ENVIRON&gENTAL RESOURCE PERMIT • Construction Commencement Notice P R 0 CT: PHASE: I hereby notify the Department ofE^,virnr mental Protect:on that 'he Const'tiCtivfl of the surface water management system at;thorized by Environmental Resource Petmit No, has commenced / is expected to commence on 200 and +ill require a duration of approximately months weeks days to complete. It is understood Lhat should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Consfilction. PLEASE NOTE: If the actual construction commencement date is not known, • Deparu-nent staffshculd be so notified in writing in order to satisfy permit conditions. Permittee or Title and Company Date Authorized Agent Phone Address FAX COVER SHEET Canton, Ohio Office Hillsboro Beach, Florida Office LARRY A. ZINK LARRY A. ZINK ZINK, ZINK & ZINK CO.,L.P.A. 1198 Hillsboro Mile 3711 Whipple Ave. NW Hillsboro Imperial West, Suite 244 Canton,Ohio 44718-2933 Hillsboro Beach,FL 33062 Phone: 330-492-2225 Phone: 954-428-3672 I= 330-492-3956 Fax: 954-428-3672 E-Mail: LAZOHIO�aol.com Cellular Phone: 330-495-0171 Send to: lom: Larry A. Zink,Esq. Timothy Ryan,Esq. Re: City of Dania Beach v Palm Beach February 23 , 2005Polo Holdings# 02-3248Copy to: ation: Canton, Ohio Fax Number: 954- 921-1247 Phone Number: 330-492-2225 Fax Number: 330-492-3956 J Response Needed: YES NO _x_ASAP Total pages,including cover: _2 Will not be mailed: Comments: See document following: Letter IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton, Ohio and 954-428-3672 in Hillsboro,Florida THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION AND ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT THE COPYING OR DISTRIBUTION OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS. • a-ffiles\faxform.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3,II WHIPPLEA%ENUEN.W. CANTON, OHIO WIS 2933 EDWARD J. ZINK (1921-1996) Telephone(330) 492-2225 *ADMITTED TO PRACTICE IN LARRI A. ZINK 4 Fax (330)492-3956 FLORIDA E-MAID LAZOHIO@ao: com 1198 HILLSBORO MILE HILLSBORO IMPERIAL W EST, SUITE244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone& Fax (954)428-3672 February 23,2005 Timothy M. Ryan, Esq. By fax 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach,FL 33004 Re: City of Dania Beach v Palm Beach Polo Holdings, Inc. Case No. 02-3248 Dear Mr. Ryan: The undersigned is attorney for Palm Beach Polo Holdings, Inc.with regard to the above • matter. I am in receipt of the Notice of Request for Authorization to Foreclose, scheduled for March 7, 2005. I am corresponding with you to request that the hearing be continued until April, 2005 because I am not available to attend the hearing on March 7, 2005 due to of a court case I have scheduled out of state which has been scheduled for several weeks. If necessary, I can prepare and file a formal Motion to Continue the matter. I telephoned your office on February 23, 2005 to discuss the matter and was advised you were out of the office until February 24. 2005. I will telephone you again on February 24, 2005 to discuss this matter. Sincerely, ZINK, ZINK& ZINK CO., L.P.A. La A.Zink LAZ/j 1 cc Palm Beach Polo Holdings, Inc. • Feb. 23 2005 06: 16PM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 *THER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 Feb. 23 06:16PM 00'4_ SHE 02 OK TO TURN OFF REPORT, PRESS 'MENU' 404. THEN SELECT OFF BY USING '+' OR FOR FAX ADUANTAGE ASSISTANCE, PLEASE CALL 1-900-HELP-FAX (435-7329). • is ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 1 WHIPPLE AVENUE N.W. CANTON, OHI044718-2933 EDWARD I ZINK (1921-1906) Telephone{330) 492 2225 *ADMIT IED TO PRACTICE IN LARRY A. ZINK * Fax (33M 492-3956 FLORIDA E-MAIL. LAZOHIO@aol cum 198 HILLSBORO MILE HILLSBORO IMPERIAL WEST, SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone &Fax (954) 428-3672 February 24, 2005 Timothy M. Ryan, Esq. By fax 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach,FL 33004 Re: City of Dania Beach v Palm Beach Polo Holdings, Inc. Case No. 02-3248/Continuance of March 7, 2005 Hearing Dear Mr. Ryan: This letter is a follow up on my February 23,2005 letter and our telephone conversation of February 24,2005. It is my understanding, based upon our conversation of today, that the March 7, 2005 Hearing on the above matter will be continued until the April 2005 meeting of the Dania Beach Code Enforcement Board. Sincerely, ZINK, ZINK &ZINK CO.,L.P.A. 0 A. Link LAZJ1 cc Palm Beach Polo Holdings, Inc. • Feb. 24 20E5 ll: 45AM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO, 3304923956 NOTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Feb. 24 11:44AM 00'49 SND 02 OF TO TURN OFF REPORT, PRESS 'MENU' 404. THEN SELECT OFF BY USING '+' OR . FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). • • Feb. 24 2005 11:46AM YOUR LOGO ZINK LAW OFFICE YOUR FAX N0, 3304927956 NG. OTHER FACSIMILE START TINE USAGE TIME MODE PAGES RESULT 01 19 449211247 Feb. 24 11:46AM 00' 41 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #e4. THEN SELECT OFF BY USING '+' OR . FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-BOO-HELP-FAX (435-7329). • • FAX COVER SHEET Canton, Ohio Office Hillsboro Beach, Florida Office LARRY A. ZINK LARRY A. ZINK ZINK, ZINK & ZINK CO., L.P.A. 1198 Hillsboro Mile 3711 Whipple Ave. NW' Hillsboro Imperial AVest, Suite244 Canton, Ohio 44718-2933 Hillsboro Beach, FL 33062 Phone: 330-492-2225 Phone: 954-428-3672 __ �Ea 33.0492-3956 Fax: 954-428-3672 F-Mail: LAZOHIO'aaol.com Cellular Phone: 330-495-0171 Send to: Timothy Ryan, Esq. From: Larry A.Zink, Esq. Re: City of Dania Beach v Palm Beach Date:— February 24 , 2005 I Holdings IS 023248 Copy to: Office Location: Canton, Ohio Fax Number: 954-921-1247 Phone Number: 330-492-2225 L Fax Number: 330-492-3956 Response Needed: _YES NO _ASAP Total pages, including cover: _2 Will not be mailed: Comments: See document following: Letter re Continuance of March 7, 2005 Hearing IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton,Ohio and 954-428-3672 in Hillsboro,Florida THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION AND ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT THE COPYING OR DISTRIBUTION OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS. • a-ffi tes faxform.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE., NW CANTON, OHIO 44718-2933 • EDWARDJZfNK(1921-1996) Telephone (330)492-2225 •ADMITTED TO PRACTICE IN LARRY A ZINK' Fax(330) 492-3956 FLORIDA E-Mail: LAZOHIO@aol.com Cellular No. (330)495-0171 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST, SUITE 244 HILLSBORO BEACH, FLORIDA 33062 Florida Telephone& Fax(954)428-3672 FAX TRANSMISSION Date; July 25,2005 TO: Tim Ryan Esq./ attorney for City of Dania Beach FAX NO: 954-921-1247 FROM: Larry A. Zink, Esq RE: Broward Yachts docks TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE)_2_ RESPONSE NEEDED: YES NO MESSAGE: Following up on my letter to you of last week re the status of Broward Yachts dock permit application see my a mail to Julie Krawczyk of DPEP confirming that DPEP has approved Broward Yachts conceptual drawing of the docks IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION OR YOU RECEIVE IT IN ERROR PLEASE TELEPHONE (330) 492-2225 in Canton, Ohio and (954) 428-3672 in Hillsboro Beach, Florida THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS ATTORNEY COMMUNICATION AND MAY BE PRIVILEGED. PLEASE DESTROY IF RECEIVED IN ERROR. • a-f Ies\forms\faxfor4a.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE., NW CANTON, OHIO 44718-2933 EDWARD J. ZINK (1921-1996) Telephone (330)492-2225 'ADMITTED TO PRACTICE IN LARRY A ZINK` Fax (330)492-3956 FLORIDA E-Mail LAZOHIO@aoi com Cellular No. (330)495-0171 1198 HILLSBORO MI LE HILLSBORO IMPERIAL WEST, SUITE 244 HILLSBORO BEACH, FLORIDA 33062 Florida Telephone& Fax (954)428-3672 FAX TRANSMISSION Date; September 12 , 2005 TO: Tim Ryan, Esq. Cc; FAX NO: 954-921-1247 • FROM: Larry A. Zink, Esq. RE: City of Dania Beach/Palm Beach Polo Holdings Case no. 02-3248 TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE) _2_ RESPONSE NEEDED: YES NO MESSAGE: See document following: letter IF YOU HAV E PROBLEMS RECEIVING THIS TRANSb1ISSION OR YOU RECEIVE IT IN ERROR PLEASE TELEPHONE (330) 492-2225 in Canton, Ohio and (954) 428-3672 in Hillsboro Beach, Florida THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS ATTORNEY COMMUNICATION AND MAY BE PRIVILEGED. PLEASE DESTROY IF RECEIVED IN ERROR. • a-ffiles\forms\faxfor4 a.doe ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 9711 WHIFFLE AbE-,NW CANTON,OHIO 4 4"1 8-2933 EDWARD I.ZINK(1921-1996) Telephone: (330)492 2225 `ADMITTED TO PRACTICE IN LARDY A ZINK' Fax (330)492 3956 FLORIDA Cellular Phone. (330)495-0171 E-Mail_ LAZOhio@aolcom 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax (954)428-36" September 12, 2005 Timothy M. Ryan, Esq. Via Fax: 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No. 02-3248 Dear Mr. Ryan: • This letter will update you on the status of the docks permit. On July 13, 2005, DPEP approved the conceptual design for five docks. DPEP requires that signed and sealed construction drawings be prepared and submitted to DPEP. Polo Holdings is awaiting the completion of the drawings. Once the drawings are submitted to DPEP I expect a quick approval. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. )Al--� Larry A. Zink, Esq. LAZ/mab na-rfiles\pbholdings-5IO\daniabeachdock'ryan-doc • HP OfficeJet K Series K60 Log for Personal Printer/Fax/Copier/Scanner PALM BEACH POLO 5617907114 Sep 12 2005 10:58am Alhast Transaction Date Time Type Identification Duration Pao es Result Sep 12 10:57am Fax Sent 19549211247 0:45 2 OK • • ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHITTLE AVE,NW CANTON,OHIO 44-,18-2933 EDWARD 1.ZINK(1921-1996) Telephone (330)492-2225 *ADMITTED TO PRACTICE IN LARR) A_ZINK' Fax (330)492-3956 FLORIDA E-Mail. LAZOhio@aol cow. 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax (954)428-3672 MEMO TO; Tim Ryan Esq. Special Attorney- City of Dania Beach FAX NO: 954- 921- 1247 FROM; Larry A. Zink Esq. RE; Broward Yachts Inc- Dock application/ Dania Beach case # 02-3248 DATE: 10/22/05 This Memo is a follow up on the 9/12/05 status report I sent to you. The final signed & sealed dock drawings have been filed with DPEP and I expect finalization of the process with DPEP within the next 2 weeks. Zi Zink & Zink, Co. LPA y Zing Larry A.A.Zink Esq. • Oct. 2� 2005 09:OTA>' YOUR LOGO ZINK LAW OFFICE YOUR. FAX HO. 3304923956 *OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 0ct. 22 09:OGAM 00' 26 SND O1 OF TO TURN OFF REPORT, PRESS 'MENU' 404. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800—HELP—FAX (435-7329). • • mollailrosialmn Oct. 22 2005 09:0cgm YDUR LOGO %1'k LA'1 OFFICE YDUR FAX NO. : 330492395E No. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUDPOLO Oct. 22 09:05AM 00'28 END 01 01� TO TURN OFF REPORT, PRESS 'Ma U' "04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-BOO-HELP-FAX (435-7329). • • ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES NVHION, 111 4 71S-20.' C%i'ITO:x',OIII04471F:933 EDWARDJ ZINK(1921-199a) Telephone. (330)492:225 'ADMITI-FDTOFRAC"r10EIN LAM A.ZINK+ Fax (330)492-3956 FLORIDA Cellular Phone. (330)495-017] E-Mail LAZOhi o;da nl cam 1198 HILLSBORO MILE HILISBORO IMPERIAL WEST,SUITE 244 HILISBORO BEACH, FLORID,%33362 Fb,,dz Telephone ,,Fax: (954)428-3672 November 29, 2006 Timothy M. Ryan, Esq Ryan & Ryan, LLC 700 E Dania Beach Blvd. Third Floor Dania Beach, FL 33004 Re: City of Dania Beach vs Palm Beach Polo Holdings, Inc. Case No CEB 02-3248 Your File No : 19995 D Dear Tim On October 2611i, 2006, the Broward County Environmental Protection Department issued its Notice of Intent to Issue Emironmental Resource Permit and License (See copy enclosed). The Notice of Intent was published in the Sun Sentinel on November 20"�, 2006_ On July 141h, 2006, I filed with the Court of the City of Dana Beach a Request for Abatement and Release of Lien (See copy enclosed) No hearing has been scheduled on the Request for Abatement. My client is desirous of getting this matter heard and resolved. What, if anything, needs to be done to get this Request for Abatement heard? Please advise. Very Truly Yours, ZINK, ZINK & ZINK CO . L P A L try A_ Zink, Esq LAZInlab Cc Palm Beach Polo Holdings, Inc a-ffdes\bro�ard5achts 511 n-an-daniabeach coin Nov. 29 200E 10:22AI*I YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Nov. 29 10:21AM 00'49 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU' 404. THEN SELECT OFF BY USING '+' OR -- FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-B00-HELP-FAX (435-7329). • • AGENDA REQUEST FORM CITY OF DANIA Date: September 4, 2007 Agenda Item#: 3 1 • Q� Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Adolfo Barrios, Zoja Fahmy 1/2 Int Ea, 43 SE 10 Terrace, Case#05-0613 Summary Explanation & Background: This was originally cited on April 8, 2005 for 2 violations and was given 10 days to comply. This went to the Code Board on 12/05/05 for 2 violations. The Code Board issued an order giving the defendant until 1/18/06 to comply or a fine of$125.00 per day would be levied. The fine was confirmed at the 10/09/06 Special Magistrate hearing. The property was brought into compliance on 4117/07. At the Special Magistrate hearing on 6/04/07, Special Magistrate Gordon Linn recommended an abatement amount of$20,000.00. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 12/05/05 Code Board, and the 10/09/06, 6/04/07 Special Magistrate hearings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 6/04/07 Special Magistrate hearing,the fine was abated to $20,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 3.6 Request for abatement for Adolfo E. Berrios & Zoja Fahmy, Case #05-0613, for property located at 43 SE 10`h Terrace (#1203-13-0360) Attorney Tim Ryan advised the property was cited for two violations: failure to obtain an Occupational License, and failure to obtain permits and inspections for the construction of a detached carport, accessory structure, and window and door replacements. The fine ran for 364 days for a total of $45,712.00, including recording fee. The Special Magistrate recommended abating the lien to $20,000.00. Edward Holiday, Attorney for the applic ant, noted this is his client's primary home and he does not understand why an Occupational License is required. The renderings presented to the City for the construction and installation of the carport were done by the applicant, therefore permits were not issued until they were signed by an architect. Attorney Holiday pointed out the applicant has made several improvements to their home and has obtained permits for each of the changes/additions. He indicated that they are good residents who are trying to enhance their property. Ms. Fahmy noted the property is a duplex and is rented. Nick Lupo, Chief Code Compliance Officer, confirmed the property is a legal duplex. He indicated that the work was done but the permits were never pulled and it was never inspected by the City. They provided the plans with the engineer/architect signatures, after the work was completed. He noted they let the Occupational License lapse. Commissioner Castro motioned to abate the fine completely. The motion died for lack of a second. Commissioner Bertino motioned to abate the lien to $20,D00.00, as recommended by the Special Magistrate. The motion died for lack of a second. Chief Code Compliance Officer Lupo clarified for the record that the improvements were on the rental part of the property. The City requires inspections and permits to insure that construction is done correctly, for the safety of any future tenants. Mayor Anton passed the gavel to Vice-Mayor Jones and motioned to abate the lien as recommended by the Special Magistrate; seconded by Commissioner Bertino. The motion failed on the following 2-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones No Commissioner Castro No Mayor Anton Yes Commissioner Castro motioned to abate the lien to $10,000.00, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Minutes of Abatement Hearing Dania Beach City Commission Thursday,July 19,2007—6:00 p.m. CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-0613 municipal corporation PLAINTIFF, FINAL ORDER vs. ADOLFO E. BERRIOS & ZOJA FAHMY DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on December 5, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendants and the subject matter of this action; and b. Defendants, Adolfo E. Berrios & Zoja Fahmy, did allow the following code violations to exist at property Defendants own located at 43 SE 10 Terrace, Dania Beach, Florida, which property is legally described as: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C (# 1203 13 0360): 1. Chapter 15, Section 15-1, Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. FINAL ORDER #05-0613 PAGE 2 2. Florida Building Code 104.1, Permits required. A detached carport, and an accessory structure were constructed on the subject property without permits and windows and doors were replaced on the subject property without permits. Failure to obtain permits and all inspections or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Adolfo E. Berrios & Zoja Fahmy: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $125.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendants, Adolfo E. Berrios & Zoja Fahmy, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $125.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendants must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. If the Defendants do not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendants. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this /9 day of ke-&wbRA , 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson Notary Seal: Sworn and subscribed before me this 1 day of ,BU'&w[adr, 2005. Gam. O NOT Y PUBLIV STATE OF FLORIDA Richard Bettor is personally known to me. ;ana J Brantla� �°�`tr �� bn DD1872oD Expms M&Y te.?WT Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Adolfo E. Berrios & Zoja Fahmy, this �_ day of N�CCPi1llL1PJi , 2005. CERTIFIED MAIL 7002 2030 0003 1209 8551 � 0144.1-A - " COD ENFORCE ENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, SPE IAL CITY ATT RNEY Also sent first c ss mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #05-0613 municipal corporation PETITIONER FINAL ORDER VS. ADOLFO E. BERRIOS & ZOJA FAHMY RESPONDENTS SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 6, 2006, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Respondents and the subject matter of this action; and b. At a Formal Hearing on December 5, 2005, the Code Enforcement Board determined that Respondents, Adolfo E. Berrios & Zoja Fahmy, did allow the following code violations to exist at property Respondents own located at 43 SE 10 Terrace, Dania Beach, Florida which property is legally described as: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C (#1203 13 0360) : FINAL ORDER #05-0613 PAGE 2 1. Chapter 15, Section 15-1, Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. 2. Florida Building Code 104.1, Permits required. A detached carport, and an accessory structure were constructed on the subject property without permits and windows and doors were replaced on the subject property without permits. Failure to obtain permits and all inspections or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Respondents, Adolfo E. Berrios & Zoja Fahmy: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $125.00 per day was scheduled to begin running 30 days from the date this order was signed by the Chairperson of the Board. The original order was signed on December 19, 2005. (b) At the Formal Hearing on February 6, 2006, the City of Dania Beach Code Enforcement Board has granted Respondents' request for extension on imposition of the fine until April 18, 2006. (c) Except as expressly amended herein this board's order in this case signed December 19, 2005, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this day of st WWAM , 2006. IJ DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 330C4 FINAL ORDER #05-0613 PAGE 3 Notary Seal: Sworn and subscribed before me this day of 2006. qOARY t IC TATE OF FLORIDA Richard Bettor is personally known to me. Glaie!Broods+ yf d Ay Commission DD1 SMO Ezgres MaY 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondents, Adolfo E. Berrios & Zoja Fahmy, this a8 day of Ila 2006. CERTIFIED MAIL 7003 1680 0002 5106 4779 a CODVENFORCGMENT BOARD CLERK APPROVED 0 FORM AND CORRECTNESS 7 , / V TIM RYAN, S It ECIAL CITY AT ORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-0613 Municipal corporation PETITIONER, FINAL ORDER vs. ADOLFO E. BERRIOS &ZOJA FAHMY RESPONDENTS SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Special Magistrate having received the testimony and affidavit of Code Officer, Theodore Perez, on the City's Motion to Confirm Fine held on October 9, 2006, and based on the evidence, the Code Enforcement Special Magistrate enters the following findings of fact and order: 1. That the Code Enforcement Board did enter on the 28t" day of February 2006, a Supplemental Order in the above captioned case commanding the Respondents, Adolfo E. Berrios & Zoja Fahmy, to bring violations specified in said Final Order into compliance on or before the 18th day of April 2006, or pay a fine in the amount of $125.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-0613 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: 43 S.E. 10 Terrace Dania Beach, FI. 33004: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C (#1203 13 0360). 3. That the Respondents, Adolfo E. Berrios & Zoja Fahmy, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Enforcement Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondents, Adolfo E. Berrios & Zoja Fahmy, shall comply with said Final Order. Upon complying, the Respondents shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondents have complied. 5. It is the order of this Code Enforcement Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent. DONE ANDf QRDERED at Dania Beach, Broward County, Florida, this 3 Day of 2006. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #05-0613 DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE rwr NAIn.lrin d NaMa Cairn, NNE¢&W"Vit1010 By C mmwm 0 W on , Gordon E. Linn, Esq. Sworn to and subscribed before me this 3 day of�06, by Gordon Linn, who is personally known to me. m4 / NOTARY PUBLIC STATE OF FLORIDA CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondents, Adolfo E. Berrios & Zoja Fahmy, this day of !J011g"qbLt--- , 2006. CERTIFIED MAIL # 7006 0810 0003 7724 0803 n c QiryrJ V aACJ%� ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular mail Return to: Patricia Vamey 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 n, FLORIDA t�` T0 f3 April 8, 2005 ADOLFO E BERRIOS & ZOJA FAHMY Case Number: 05-00000613 43 SE 10 TERR DANIA BEACH, FL 33004-4322 Location: 43 SE 10 TER Folio: 5142-03-13-0360 Legal Description: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C Dear ADOLFO E BERRIOS & ZOJA FAHMY: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by April 18, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation ( s) , please do not hesitate to contact me. Sincer ly, Uu• t, WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8258 8512 by ANA MARIA RESTREPO Also sent regular mail "Browazd's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 05-00000613 PROPERTY ADDRESS 43 SE 10 TER ----------------------------------------------- ----- ---- - ----- VIOLATION: CH 15, SEC 15-1 OCCUP LIC QUANTITY: 1 DESCRIPTION: CH 15, SEC 15-1 OCCUP LIC LEAS DATE: 4/08/05 LOCATION: NARRATIVE City of Dania Beach Occupational License must be obtained for any/all leased, rental, income and/or multi living properties . ORDINANCE DESCRIPTION Violation of Chapter 15, Section 15-1 . Occupational Licenses. Operating a business without a valid Occupational License is prohibited. ------ ------------------------------------------------- ------- VIOLATION: FBC 104 . 1 W/O PERMIT QUANTITY: 1 DESCRIPTION: FBC 104 . 1 W/0 PERMIT DATE: 4/08/05 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) or remove all work ORDINANCE DESCRIPTION Violation of the Florida Building Code 104 . 1, permits required. Detached carport built without permit . Accessory structure built without permit . Windows and doors replaced without permits . AGENDA REQUEST FORM CITY OF DANIA Date: September 4, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: David Grant, 260 NW 14 Court, Case#06-0002 Summary Explanation & Background: This was originally cited on February 16, 2006 for 1 violation and was given 30 days to comply. This went to the Special Magistrate on 7/17/06 for 1 violation. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$150.00 per day would be levied. The compliance date was 9/07/06. The fine was confirmed at the 1/08/07 Special Magistrate hearing. The property was brought into compliance on 8/06/07. At the Special Magistrate hearing on 8/06107, Special Magistrate Mark E. Berman recommended an abatement amount of$5,000.00. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued, (4) Copy of the minutes from the 7/17/06, 1/08/07, and 8/06/07 Special Magistrate hearings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 8106107 Special Magistrate hearing,the fine was abated to $5,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0002 municipal corporation PETITIONER, vs. DAVID GRANT RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on July 19, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the fol�owing findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, David Grant, did allow the following code violation to exist at property Respondent owns located at 260 NW 14 Court, Dania Beach, Florida, which property is legally described as: SUN GARDENS 26-37B LOT 2 BLK 4(#02 33 14 0290): 1. Florida Building Code 104.1 Roofing permit required. Respondent performed or allow to be performed, roofing work without a permit. Failure to obtain roof permit . FINAL ORDER #06-0002 PAGE 2 Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, David Grant: (a) has been found to be in violation of the above described code section listed in paragraphs b.(1). A fine of $150.00 per day will begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, David Grant, for the foregoing violation listed in paragraph b.(1), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine vJ11 continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. /nORDERED at Dania Beach, Broward County, Florida, this ? _ day of I K, lN�l1 2006. CODE ENFORCEMENT SP l- MAGISTRATE B Berman, Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0002 PAGE 3 Notary Seal: Sworn and subscribed befor me this day of 2006. NCL ARY PUBLIC STATE OF FLORIDA Mark Berman is personally known to me. SHARUWN PEARSON I,� Notary Public•State of Florida CERTIFICATE OF SERVICECommission#DD 318233 1.,�',•. Bonded By NaBonalNotaryAoR I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondents, David Grant, this day of 2006. CERTIFIED MAIL 7001 1940 0002 6631 2460 ,a AC ING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0002 Municipal corporation PETITIONER, FINAL ORDER vs. David Grant RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Eric Walton on the City's Motion to Confirm Fine held on the 8`h day of January 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 8`h day of August 2006, a Final Order in the above captioned case commanding the Respondent(s), David Grant, to bring violation(s) specified in said Final Order into compliance on or before the 7`h day of September 2006, or pay SUPPLEMENTAL ORDER #06-0002 a fine in the amount of$150.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: SUN GARDENS 26-37 B LOT 2 BILK 4 (0233 14 0290). 3. That the Respondent(s), David Grant, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), David Grant, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this 7-9 Day of SAnvLl! 12007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #06-0002 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE B : Gordon Linn, Esq. Sworn to and subscribed before me this _orlq day of 2006, by Gordon Linn, who is personally known to me. 9 //z � ww M NOTARY PUBLI STATE OF FLORIDA CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), David Grant, this '2 day of �AcNvalz,( _, 2007. CERTIFIED MAIL # 7006 0100 0006 6345 5621 J4 CODE COMPLIANC SPECIAL MAGIST TE CLERK Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, F1 33004 ��./ • V, c�aC/ (II'�jr��l`fiGW P�i�(�I1.1�I/I�r�L� FLORIDA 0S Z6-pr February 16, 2006 DAVID GRANT Case Number: 06-00000002 =1 260 NW 19 CT DANIA BEACH, FL 33004 Irl Location: 260 NW 14 CT Folio: 5042-33-14-0290 Legal Description: SUN GARDENS 26-37 B LOT 2 BLK 4 Dear DAVID GRANT: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by March 18, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincertiyr. THEODOR ERFc CODE IN CT` f certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8260 2959 by ANA RESTREPO Also sent regular mail `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00000002 PROPERTY ADDRESS 260 NW 14 CT ------ - -- -------------------- --------- --- --------- ------ --- --- VIOLATION: FBC 104 . 1RF QUANTITY: 1 DESCRIPTION: FBC 104 . 1RF DATE: 2/16/06 LOCATION: NARRATIVE Obtain roofing permit and required inspections within (30) days or remove all work. ORDINANCE DESCRIPTION : Violation of Chapter 104 . 1 of the Florida Building Code, permits required. Roof without permit . AGENDA REQUEST FORM CITY OF DANIA Date: September 4, 2007 Agenda Item #: • q Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Ariel Edelsburg, 3333 Griffin Road, Case#06-0848 Summary Explanation & Background: This was originally cited on May 24, 2006 for 3 violations and was given 30 days to comply. This went to the Special Magistrate on 9/11/06 for 1 violation. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$200.00 per day would be levied. The compliance date was 10/28/06. The fine was confirmed at the 3/05/07 Special Magistrate hearing. The property was brought into compliance on 4/05/07. At the Special Magistrate hearing on 7109/07, Special Magistrate Mark E. Berman recommended an abatement amount of $5,000.00. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 9/11/06, 3/05/07, and 7/09/07 Special Magistrate hearings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 7/09/07 Special Magistrate hearing,the fine was abated to $5,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0848 Municipal Corporation PETITIONER, vs. Ariel Edelsburg RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on September 11, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; And b. Respondent, Ariel Edelsburg, did allow the following code violation to exist at property Respondent owns, located at 3333 Griffin Rd, Florida, which property is legally described as: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 13 W '/2 , 14 W '/I, 16 W ''/2, 17 BLK 9 (#0230-03-0300): 1. Chapter 13, Article ll, Section 13-34 A, B, C, Health and Sanitation. There is litter, trash and debris, and untended vegetation on the property. It shall be unlawful to allow the accumulation of trash, garbage, litter, miscellaneous debris stagnant water and untended vegetation. Remove all trash, litter and debris from property and cut untended vegetation. FINAL ORDER #06-0848 PAGE 2 Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Ariel Edelsburg: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $200.00 per day will begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, Ariel Edelsburg, for the foregoing violation listed in paragraph b. (1), a fine of $200.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a Code Officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. OR RED at Dania Beach, Broward County, Florida, this day of 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0848 PAGE 3 CODE ENFOR ENT SPECIAL MAGISTRATE By: Gordon Linn, Esq. 'ittt .:`... S=MN PWSON Notary Seal: ;•g �@ Notary Public State of Florida ;MycawMonBVWSMW 11,2008 '4�f commission I DID 318233 .V wdWByNo*mlNotayAM Sw rn and subscri d fore me this day of 2006. QA,C.Gtih/�� Q.PA.l;9An.� NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Ariel Edelsburg, this ti day of Jrw 2006. CERTIFIED MAIL # 7004 2510 0003 0646 3142 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK cc: Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0848 Municipal corporation PETITIONER, vs. Ariel Edelsburg RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 5th day of March 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 28t" day of September 2006, a Final Order in the above captioned case commanding the Respondent(s), Ariel Edelsburg to bring violation(s) specified in said Final Order into compliance on or before the 27`h day of October 2006, or SUPPLEMENTAL ORDER #06-0848 pay a fine in the amount of $200.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: FIRST ADDITON TO CANAL GROVES 23-41 B LOT 13 W '/z, 14 W '/z, 16 W 1/2, 17 BLK 9 (# 5042-30-03-0300) 3. That the Respondent(s), Ariel Edelsburg, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Ariel Edelsburg, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this ab Day of Mo,?.-W 2007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #06-0848 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By. /w-�-" J. Gordon Linn Esq. Sworn to and subscribed before me this PU day of w•R-41 2007, by Gordon Linn, who is personally known to me. tl:sTEn cN+cu ' tam PuOk-S"d flald� cann*"e*w 0d 1a Wi0 CWFftalae0WSM78 NOTARY P LIC STATE OF FLORIDA „h• Spy Naloi N0WyMW CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Ariel Edelsburg, this day of �A0.12C-4 , 2007. CERTIFIED MAIL# 7006 2760 0004 7017 3848 CODE COMP ANCE SPECIAL MAGISTRATE CLERK Also sent regular mail /hc Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 •;r- � � FLORIDA May 24, 2006 ARIEL EDELSBURG Case Number: 06-00000848 401 ALAMANDA DR HALLANDALE FL 33009-6507 Location: 3333 GRIFFIN RD Folio: 5042-30-03-0300 Legal Description: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 13 W1/2, 14 W1/2, 16 W1/2, 17 BLK 9 Dear ARIEL EDELSBURG: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by June 23, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, A G R 1,HANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6631 4105 by HELEN CEASER Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL rnvr i CASE NUMBER 06-00000848 PROPERTY ADDRESS 3333 GRIFFIN RD ----------------------------------------------------------- --- VIOLATION: CH.25,DIV.6, SEC. 25-124 (A) QUANTITY: 1 DESCRIPTION: CH.25, DIV.6, SEC25-124 (A) DATE: 5/19/06 LOCATION: NARRATIVE All commercial vehicles and/or parts thereof must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 25, Division 6, Commercial Vehicles Section 25-124 (a) ; Parking of trucks, buses or other commercial vehicles in residential areas prohibited in any residential area or district, no person, firm or corporation shall park or cause to be parked or allow to be parked or occupied on the premises of any dwelling or on any lot which is not part of any dwelling, either of which is situated in a residential area or district, or in the streets, alleys or parkways abutting said property, any truck that is classified as one ton by capacity, bus, tractor, trailer, or any part thereof, wrecker or other vechile equipped with a hoist or other mechanical mechanism. ----------------------------------- -- VIOLATION: CH. 13,ART. II , SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13 ,ART, II , SEC. 13-34 A ,B, C DATE: 5/19/06 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. All grass and/or weeds must be cut, including the abutting rights-of-way and property maintained. Including north side of your property. ORDINANCE DESCRIPTION Violation of Chapter 13 , Health & Sanitation, Article II, Section 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . _ -------------------------- VIOLATION: CH. 14, SEC. 14-2 JUNKED & QUANTITY: 1 DESCRIPTION: CH. 14, SEC. 14-2 JUNKED & AB VEH DATE: 5/19/06 LOCATION: NARRATIVE CONTINUED VIOLATION DETAIL PAGE z CASE NUMBER 06-00000848 PROPERTY ADDRESS 3333 GRIFFIN RD NARRATIVE : There are numerous vehicles/vessels junked and/or abandoned and/or unlicensed vehicle (s) on the subject property. The junked, abandoned and/or unlicensed vehicles, trailers or vessels must be removed or placed in operable condition. ORDINANCE DESCRIPTION : Violation of Chapter 14 , Section 14-2 ; Junked and Abandoned vehicles, Public Nuisance. The storage or parking of all junked, abandoned and/or unlicensed vehicles, trailers or vessels upon any private or public property is prohibited. AGENDA REQUEST FORM CITY OF DANIA Date: September 4, 2007 Agenda Item#: 5• Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Eliyahu Bohadanah, new property owner, not Michael Cilone, 150 17 Avenue, Case#06-1348 Summary Explanation & Background: This was originally cited on September 25, 2006 for 3 violations and was given 14 days to comply. This went to the Special Magistrate on 12/04/06 for 2 violations. The Special Magistrate issued an order giving the respondent until 1/05/07 to comply or a fine of$200.00 per day would be levied. The fine was confirmed at the 4/09107 Special Magistrate hearing. The property was brought into compliance on 6/13/07. At the Special Magistrate hearing on 7/09/07, Special Magistrate Gordon Linn recommended an abatement amount of$16,000.00. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 12/04/06, 4/09/07, and 7/09/07 Special Magistrate hearings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 7109107 Special Magistrate hearing,the fine was abated to $16,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1348 Municipal Corporation PETITIONER, vs. Michael Cilone RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on December 4, 2006, after notice. Based upon the evidence presented, the Code Compliance Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; And b. Respondent(s), Michael Cilone, did allow the following code violation(s) to exist at property Respondent(s) own(s), located at 150 NW 7 Ave, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B- 49 D LOT 3 BLK 6 (#0234 01 0740): 1. DBCC 13-34 (a) health and sanitation nuisance. There is litter, trash, and debris on the premises. All litter, trash, and debris must be removed from the premises. FINAL ORDER #06-1348 PAGE 2. DBCC 13-34 (b) health and sanitation nuisance. There is litter and trash on the swale area. Remove any trash, and litter from the property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Michael Cilone: (a) has/have been found to be in violation of the above described code section(s) listed in paragraphs b. (1) and (2 ). A fine of $200.00 per day will begin running on January 5, 2007. The City of Dania Beach shall have and recover from Respondent(s), Michael Cilone, for the foregoing violation(s) listed in paragraphs b. (1) and (2), a fine of $200.00 per day, to begin running on January 5, 2007. The fine shall continue until said violation(s) comes/come into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. If the Respondent(s) does/do not notify the City's Code Compliance Department, an officer will not inspect the property and the fine will continue to be imposed each day until a Code Officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent(s). In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of 176CC-o-,�E-k-- , 2006. CODE COMPLI I TRATE By: rk erma sq. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1348 O PAGE 3 ,,, LE8TEft ZM A tw"Pubft-star d Flow Caw"M E>OMOr14 I010 BMW H.Iorw Awe Notary Seal: Sworn and subscribed before me this a$ day of l7Ecrr V>E R 2006. NOTARY Pur STATE OF FLORIDA Mark E. Berman is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Michael Cilone, this 08 day of -z>e L , 2006. CERTIFIED MAIL# 7006 0810 0003 7726 3468 CODE COMFSPANCE SPECIAL M GISTRATE CLERK CC: First Class Standard Mail FILE COPY Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1348 Municipal corporation PETITIONER, FINAL ORDER vs. MICHAEL CILONE RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Warren Ostrofsky on the City's Motion to Confirm Fine held on the 9th day of April 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 28`h day of December 2006, a Final Order in the above captioned case commanding the Respondent(s), Michael Cilone, to bring violation(s) specified in said Final Order into compliance on or before the 5`h day of January 2007, or SUPPLEMENTAL ORDER #06-1348 pay a fine in the amount of$200.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: TOWN OF DANIA B49 D LOT 3 BLK 6 (#0234 01 0740 ). 3. That the Respondent(s), Michael Cilone, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Michael Cilone, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this Ll Day of Wit 2007. Return to: Patricia Vamey 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #06-1348 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By: io Mar r: Ber Esq. Sworn to and subscribed before me this day of , 2007, by Mark E. Berman, who is personally known to me. LEUER WCIA No"Pubk•SIM or Flaw com imb Exon oa+a 2010 Gov dub rDD6W78 BaWed r4Yarl14c"Am _ NOTARY PUBLIC . TATE OF FLORIDA CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Michael Cilone, this day of l`j , 2007. CERTIFIED MAIL # 7006 2760 0004 7017 8669 CODE COMPLIAVCE SPECIAL MAGI RATE CLERK Also sent regular mail /sm Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 40f tow qe� aw�z �Wam FLORIDA September 25, 2006 MICHAEL CILONE Case Number: 06-00001348 825 TEQUESTA ST FT. LAUDERDALE, FL 333122525 Location: 150 NW 7 AVE Folio: 5042-34-01-0740- Legal Description: TOWN OF DANIA B-49 D LOT 3 BLK 6 Dear MICHAEL CILONE: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by October 09, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, W. WARREN OSTROFSK CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7004 1350 0005 2993 5559 by HELEN CEASER Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00001348 PROPERTY ADDRESS 150 NW 7 AVE ----------------------- ------- -- -- - --- - -- ------------------- - - VIOLATION: CE008021154001 QUANTITY: 1 DESCRIPTION: DBCC 8-21 (a) (5) (d) Vg Material DATE: 9/25/06 LOCATION: ORDINANCE DESCRIPTION DBCC 8-21 (a) (5) (d) states live vegetative material shall provide complete coverage of the entire yard area exposed to public view, and its height shall conform with all applicable city ordinances . CORRECTIVE ACTION REQUIRED : Insure live vegetative material provides complete coverage of the entire yard area exposed to public view, and its height conforms with all applicable city ordinances . -- ------------ -------------- ---- -- - ------- ---------- -------- -- VIOLATION: CE013034001001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (a) Nus Accumulation DATE : 9/25/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (a) states it is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises . CORRECTIVE ACTION REQUIRED Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all applicable city ordinances . - - --- - ----- -- -- -- --- - - - ------- -------- - -- - - ----- - ------- - ----- VIOLATION: CE013034002001 QUANTITY: 1 DESCRIPTION: DBCC 13 -34 (b) Prop & RW Maint DATE : 9/25/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (b) states each owner or operator of property within the city shall keep such property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks clean and free from any accumulation of garbage, trash, and litter. CORRECTIVE ACTION REQUIRED : Remove any garbage, trash, and litter from the property and the adjoining unpaved portions of the public rights of way, swales, and/or canal banks . AGENDA REQUEST FORM CITY OF DANIA Date: Septemeber 10, 2007 Agenda Item#: • Title: Request for Abatement Requested Action: Consideration of a payment extension, in regards to the abatement decision for: Valerie Valella, 609 18`" Street, Case#06-0173 Summary Explanation & Background: This was originally cited on April 11, 2006 for 2 violations and was given 14 days to comply. This went to the Special Magistrate on 7/17/06 for 2 violations. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$150.00 per day would be levied. The compliance date was 9/07/06, The fine was confirmed at the 12/04/06 Special Magistrate hearing. The property was brought into compliance on 6/21/07. After the Special Magistrate hearing on 7/09/07, Special Magistrate Gordon Linn recommended an abatement amount of $4350.00. At the Commission Abatement hearing on 7/19/07 it was agreed to reduce the fine amount to the Special Magistrate's recommendation of$4350.00 to be paid within 45 days. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 12/04/06, 7/17/06 and 7/09/07 Special Magistrate hearings. (5) Copy of the minutes from the 7/19/07 Commission Abatement hearing. (6) Copy of the signed result sheet form the 7/19/07 Commission Abatement hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: After the 7/09/07 Special Magistrate hearing, the fine and the abatement amount will be determined. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Item #3.2 was heard after Item #3.8 3.2 Request for abatement for Valerie Velella, Case #06-0173, for property located at 609 NW 8th Street (#0234-25-0500) Attorney Tim Ryan advised this case was for two violations: failure to paint or pressure clean and maintain building; and storage or parking of junked, abandoned or unlicensed vehicles upon private or public property. The fine ran for approximately nine months and the total amount of the lien is $43,050.00. The Special Magistrate recommended abating the lien to $4,350.00. Valerie Vellella advised she was unaware of the violations because her roommate did not tell her of the notice of violation. She noted one of the vehicles was registered, although the tag was not properly displayed. Ms. Vellela further indicated that the property is currently for sale, which is how she discovered the City had a lien on the property. Commissioner Bertino motioned to abate the lien to $4,350.00, to be paid within 45 days; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Items #3.3, #3.4 and#3.5 were heard together, as they relate to the same property owner. 3.3 Request for abatement for William T. and Norma L. Parker, Case #04-1318, for property located at 3951 SW 515` Street (#0231-10-0010) 3.4 Request for abatement for William T. Parker, Case #05-1158, for property located at 3951 SW 51" Street (#0231-10-0010) 3.5 Request for abatement for William T. Parker, Case #06-0661, for property located at 3951-3953 SW 515` Street (#0231-10-0010) Attorney Tim Ryan advised in the first case, the property was cited for four violations: failure to repair, replace or remove fence that is in disrepair; failure to remove all inoperative and unlicensed vehicles; failure to remove miscellaneous trash, debris and leaves; and failure to remove objects not allowed in open air storage. The fine ran for a total of 623 days for a total of $62,476.50, including recording fee. The Special Magistrate recommended an abatement of fifty percent of the amount ($31,150.00). Attorney Tim Ryan advised in the second case, the property was cited for two violations: failure to obtain an Occupational License and failure to display the property address on the building. The fine ran for 255 days for a total of $38,426.50, including recording fee. The Special Magistrate recommended abating the lien to $19,213.25, which is fifty percent of the amount. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,July 19,2007-6:00 p.m. CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0173 municipal corporation PETITIONER, vs. VALERIE VELELLA RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on July 19, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, Valerie Velella, did allow the following code violations to exist at property Respondent owns located at 609 NW 8 Street, Dania Beach, Florida, which property is legally described as: MALELUCA GARDENS RESUB 25-10 B LOT 3 BLK 5(#02 34 25 0500): 1. Minimum Standards, Chapter 8, Article Il, Section 8-21(a)(5)(a) 1&2. Minimum standards for dwellings, hotels and rooming houses. Exterior of premises must be FINAL ORDER #06-0173 PAGE 2 maintained in good condition and not show evidence of deterioration. The exterior surface of the building is stained and discolored. Failure to paint or pressure clean and maintain building. 2. Violation of Chapter 14, Section 14-2; Junked and Abandoned vehicles, Public Nuisance. Vehicles or premises do not have current license tags. The storage or parking of junked, abandoned or unlicensed vehicles upon private or public property is prohibited. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Valerie Velella: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day will begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, Valerie Velella, for the foregoing violations listed in paragraph b. (1) and b.(2), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this I day of"L&t 2006. Return tr Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0173 PAGE 3 CODE ENFORCEME L MAGISTRATE By: -- M Berman, Notary Seal: Sworn and subscri ed before me this day of 2006. NO ARY PUBLIC STATE OF FLORIDA Mark Berman is personally known to me. SHARUWNPEARSON g`� `w;•;Notary Public-State of Florida CERTIFICATE OF SERVICE -", c �nl3fr>w1l.zaoe -�i= Commialon#DID 318233 Bonded By National NotcuyA sn. I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondents, Valerie Velella, this day of 2006. CERTIFIED MAIL 7001 1940 0002 6631 2477 ACING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0173 Municipal corporation PETITIONER, FINAL ORDER vs. VALERIE VELELLA RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Eric Walton on the City's Motion to Confirm Fine held on December 4, 2006, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 8`h day of August 2006, a Final Order in the above captioned case commanding the Respondent(s), Valerie Velella, to bring violation(s) specified in said Final Order into compliance on or before the 7th day of September 2006, or pay a fine in the amount of$150.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #06-0173 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: 609 NW 8 Street, Dania Beach FI, MELALEUCA GARDENS RESUB 25-10 B LOT 3 BLK 5 (0234 25 0500). 3. That the Respondent(s), Valerie Velella, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem amount specified until such time as the Respondent(s), Valerie Velella, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special.Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this ag Day of , 2006. DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By' ark E. rman, Esq. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #06-0173 Sworn to and subscribed before me this 21S day of tEH't3ER- , 2006, by Mark E. Berman, who is personally known to me. LESTER GARCIA Y=•SnU al fbddl ' ��ExpYw oa te,iota °anrVj1oi' D080�7° NOTAR PUBLIC STATE OF FLORIDA Bonaw vetlpw ,�. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Valerie Velella, this a�� day of 17CckMBCx 2006. CERTIFIED MAIL # 7006 0810 0003 7726 2058 CODE CO LIANCE SPECIAI�IQIAGISTRATE CLERK Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 tow � Joe FLORIDA April 11, 2006 VALERIE VELELLA Case Number: 06-00000173 609 NW 8TH ST DANIA BEACH, FL 33004-2319 Location: 609 NW 8 ST Folio: 5042-34-25-0500 Legal Description: MELALEUCA GARDENS RESUB 25-10 B LOT 3 BLK 5 Dear VALERIE VELELLA: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation(s) and call for a re- inspection by April 25, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. ILA — sin�erel THE O E EZ CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1010 0004 8918 4123 by HELEN CEASER Also sent regular mail "Btoward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00000173 PROPERTY ADDRESS 609 NW 8 ST ------------------------ -------------------------------------- VIOLATION: MINIMUM STANDARDS-PAINT QUANTITY: 1 DESCRIPTION: CH 8,ART II , PS, SEC 8-21A5A1&2 DATE: 4/11/06 LOCATION: NARRATIVE Remedy will be to paint and maintain building. ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) & (2) ; Minimum Standards for Dwellings, Hotels, and Rooming Houses. Maintenance and Appearance Standards. The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti, peeling paint and with uniform colors void of any evidence of deterioration. -------------------------------------------------------------- VIOLATION: CH. 14, SEC. 14-2 JUNKED & QUANTITY: 1 DESCRIPTION: CH. 14, SEC. 14-2 JUNKED & AB VEH DATE: 4/11/06 LOCATION: NARRATIVE There is 1 yellow VW, 1 RV junked and/or abandoned and/or unlicensed vehicle (s) on the subject property. The junked, abandoned and/or unlicensed vehicles, trailers or vessels must be removed or placed in operable condition. 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Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 07/19/07 6:00 pm PROPERTY OWNER: VALERIE VELELLA PROPERTY FOLIO# 0234-25-0500 On this date your case has been heard before the City Commission of the City of Dania Beach, Florida. The following decision has been made. CODE ENFORCEMENT ORDER(S) CEB-06-0173 HAS BEENABATED TO THE AMOUNT OF: $ , 3sv . THISAMOUNT IS DUE WITHIN: DAYS FROM THIS HEARING DATE ABOVE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Commission again for abatement. I the property owner or representative signs his Bement with full u er ding of he information held within. Property Owner/Representative SignatuF( X�a�) PRINf NAME WITNESS: PRINT NAME ALL PAYMENTS MUST BE IN THE FORM OF A CASHIERS CHECK OR MONEY ORDER, AND MADE OUT TO THE - CITY OF DANIA BEACH Attn: A/R Dept Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created by Linda Mason ABATEMENT HEARING AGREEMENT FORM CODE ENFORCMENT 0234-25-0500 07-I2-07 Hearing.dm